USA v. Dela Cruz

Filing 26

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 USA, Case No. 98-cv-01737-MAG (JCS) Plaintiff, 8 v. ORDER FOR RESPONSE FROM UNITED STATES 9 10 JULIUS M. DELA CRUZ, Defendant. United States District Court Northern District of California 11 12 13 On June 24, 1998, a default judgment was entered in this action against Defendant Julius 14 M. Dela Cruz. On May 29, 2014, almost 16 years later, the United States filed an ex parte motion 15 for writ of garnishment, which the Court granted on May 30, 2014. Defendant filed a response to 16 the writ of garnishment on June 18, 2014 in which he states, inter alia, that he did not receive 17 notice of the original action, that he does not owe the underlying loan amount, and that having 18 only recently received the underlying documents in the case he wishes to clear his name. 19 The Court requests a response from the United States within fourteen (14) days of the date 20 of this Order addressing whether Plaintiff’s response should be construed as a motion to vacate the 21 default under Rule 60 and/or how the Court should proceed in this matter. 22 23 IT IS SO ORDERED. Dated: July 7, 2014 24 25 26 27 28 ______________________________________ JOSEPH C. SPERO United States Magistrate Judge

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