BCP Mechanical, LLC v. Anderson Burton Construction, Inc. et al

Filing 17

ORDER signed by District Judge Troy L. Nunley on 1/15/2021 ORDERING that: 1) The 6 Clerk's Entry of Default is hereby SET ASIDE; 2) Defendant Western Surety Company is GRANTED leave to file an Answer in this action within 5 days of entry of this Order and 3) The Plaintiff will not be sanctioned because of her failure to timely file a statement of non-opposition to Western Surety's Motion. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, for the
use and benefit of BCP
MECHANICAL, LLC, a California
limited liability company,

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ORDER

Plaintiff,

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No. 2:20-cv-01401-TLN-KJN

v.
ANDERSON BURTON
CONSTRUCTION, INC., a California
corporation; WESTERN SURETY
COMPANY, a South Dakota corporation,
Defendants.

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Having considered Western Surety Company’s Motion to Set Aside Clerk’s Entry of

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Default (ECF No. 10), and upon good cause showing, the Court GRANTS the motion and issues

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the following Order:

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IT IS HEREBY ORDERED that:

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1. The Default entered against Defendant Western Surety Company on August 26, 2020

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(ECF No. 6), is hereby set aside;
2. Defendant Western Surety Company is granted leave to file an Answer in this action
within five (5) days of entry of this Order; and

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3. Plaintiff will not be sanctioned because of her failure to timely file a statement of non-

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opposition to Western Surety’s Motion.

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DATED: January 15, 2021

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Troy L. Nunley
United States District Judge

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