Nationwide Insurance Company of America et al v. Gomez et al

Filing 17

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 9/16/2016 ORDERING that the default entered against Eliset Gomez on 7/13/2016 is hereby SET ASIDE and the answer to the complaint is due no later than 30 days from the date of this order. (Zignago, K.)

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Karen L. Uno, SBN 117410
[e-mail]
David P. Borovsky, SBN 216588
[e-mail]
BECHERER KANNETT & SCHWEITZER
1255 Powell Street
Emeryville, CA 94608-2604
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
Nationwide Insurance Company of America,
and AMCO Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA -SACRAMENTO DIVISION

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NATIONWIDE INSURANCE COMPANY OF
AMERICA AND AMCO INSURANCE
COMPANY,
Plaintiff(s),
v.

CASE NO.: 2:16-CV-01114-MCE-CKD
STIPULATION TO SET ASIDE
DEFAULT AND TO ALLOW
DEFENDANT, ELISET GOMEZ, TO
ANSWER, ORDER THEREON

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ELISET GOMEZ; NAHEEM QUYYAM;
NIGHAT KHAN; and RAVIEZ KHAN.
Defendant(s).
Plaintiff, NATIONWIDE INSURANCE COMPANY OF AMERICA AND AMCO
INSURANCE COMPANY (“Plaintiffs”), and Defendant, ELISET GOMEZ (“Defendant”), by
and through counsel of record agree as follows;

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WHEREAS, Plaintiff filed a complaint in U.S District Court Eastern District of
California, against Defendant on May 24, 2016.

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WHEREAS, Plaintiff submits that Defendant was served on June 14, 2016.

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WHEREAS, Defendant did not respond to Complaint prior to July 13, 2016.

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STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW DEFENDANTTO ANSWER, ORDER
THEREON - 1

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WHEREAS, Plaintiff Requested an Entry of Default as to Defendant on, July 13, 2016,
by the clerk.
WHEREAS Defendant subsequently hired counsel for representation on July 29, 2016.

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IT IS THEREFORE STIPULATED, pending a further order of the Court, the default as

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to Defendant, ELISET GOMEZ, entered July 13, 2016 be set aside and that Defendant be given

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30 days to file an Answer to the Complaint.

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Dated: September

, 2016

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Respectfully Submitted By:

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THE LAW OFFICES OF LAWRENCE KNAPP

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_____________________________
Lawrence Knapp
Attorney for Defendant
Eliset Gomez

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Dated: September

, 2016

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Respectfully Submitted By:
BECHERER KANNETT & SCHWEITZER

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_____________________________
Karen Uno
Attorney for Plaintiff(s)
Nationwide Insurance Company of America
and Amco Insurance Company

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STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW DEFENDANTTO ANSWER, ORDER
THEREON - 2

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ORDER

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Pursuant to the stipulation of the parties and good cause having been shown, the default
entered against ELISET GOMEZ on, July 13, 2016, (ECF No. 9) is hereby set aside, and the
Answer to the complaint shall be due to the Court no later than 30 days from the date of this
order.
IT IS SO ORDERED.
Dated: September 16, 2016

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STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW DEFENDANTTO ANSWER, ORDER
THEREON - 3