USA v. Dela Cruz
Filing
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ORDER FOR RESPONSE FROM UNITED STATES. Signed by Judge Joseph C. Spero on July 7, 2014. (jcslc1, COURT STAFF) (Filed on 7/7/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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USA,
Case No. 98-cv-01737-MAG (JCS)
Plaintiff,
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v.
ORDER FOR RESPONSE FROM
UNITED STATES
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JULIUS M. DELA CRUZ,
Defendant.
United States District Court
Northern District of California
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On June 24, 1998, a default judgment was entered in this action against Defendant Julius
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M. Dela Cruz. On May 29, 2014, almost 16 years later, the United States filed an ex parte motion
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for writ of garnishment, which the Court granted on May 30, 2014. Defendant filed a response to
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the writ of garnishment on June 18, 2014 in which he states, inter alia, that he did not receive
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notice of the original action, that he does not owe the underlying loan amount, and that having
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only recently received the underlying documents in the case he wishes to clear his name.
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The Court requests a response from the United States within fourteen (14) days of the date
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of this Order addressing whether Plaintiff’s response should be construed as a motion to vacate the
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default under Rule 60 and/or how the Court should proceed in this matter.
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IT IS SO ORDERED.
Dated: July 7, 2014
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______________________________________
JOSEPH C. SPERO
United States Magistrate Judge
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