Simmons v. O'Neal et al

Filing 18

STIPULATION AND ORDER TO SET ASIDE DEFAULT entered by the clerk in this matter re [doc #17] filed by O'Neal Publishing, Derrick O'Neal. It is further ordered that Defendants shall file their response to the Complaint no later than 1/16/2009, but may not file a motion. It is further Ordered that Defendants shall reimburse Plaintiff the amount not to exceed $370.40 no later than 1/16/2009. Signed by Judge Vaughn R Walker on 12/29/2008. (cgk, COURT STAFF) (Filed on 12/29/2008)

Case 3:08-cv-02976-VRW

Document 17

Filed 12/23/2008

Page 1 of 4

David P. Morales, Esq., SBN 191229 THE MORALES LAW FIRM 1414 Soquel Avenue, Suite 212 Santa Cruz, CA 95062 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorney for Defendants Derrick O'Neal and O'Neal Publishing

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION YVETTE SIMMONS, Plaintiff, vs. DERRICK O'NEAL, et al., Defendants. Hon. Chief Judge Vaughn R. Walker Civil Action No.: CV-08-2976 VRW JOINT STIPULATION TO SET ASIDE DEFAULT AND [PROPOSED] ORDER [FRCP 55(c)]

JOINT STIPULATION Plaintiff YVETTE SIMMONS ("Plaintiff"), by and through her attorneys of record, and Defendants DERRICK O'NEAL and O'NEAL PUBLISHING (collectively, "Defendants"), by and through their attorney, David P. Morales, Esq., (Plaintiff and Defendants, collectively, the "Parties") HEREBY JOINTLY STIPULATE AS FOLLOWS: WHEREAS, the Court Clerk entered a default in this matter on December 10, 2008. WHEREAS, the Parties wish to cooperate in setting aside the default and to proceed with this action.

Case 3:08-cv-02976-VRW

Document 17

Filed 12/23/2008

Page 2 of 4

IT IS HEREBY STIPULATED that: 1. The Parties hereby respectfully request that the Court set aside the default entered by the Clerk in this matter; 2. Defendants shall be permitted to file an Answer and Counterclaim, in Defendants' discretion, in response to the Complaint in this action, but Defendants may not file a motion; 3. 4. That Defendants shall file their response on or before January 16, 2009; That Defendants shall reimburse half of Plaintiff's substantiated service costs in an amount not to exceed $370.40 no later than January 16, 2009. Defense counsel shall issue payment to plaintiff counsel's trust account; and 5. Except as otherwise stipulated herein, each party shall bear their own costs.

IT IS SO STIPULATED. Dated: December 23, 2008.

/s/ Eric J. Menhart Admitted Pro Hac Vice CyberLaw P.C. 1200 G. Street, N.W., Suite 800 Washington, D.C. 20005 202-904-2818 (telephone) 240-539-6235 (facsimile) [e-mail] Bruce C. Janke 16965 Roberts Rd., Suite A Los Gatos CA 95032-4556 Tel. [phone] Fax [phone] Counsels for Plaintiff Simmons

/s/ David Morales THE MORALES LAW FIRM 1414 Soquel Avenue, Suite 212 Santa Cruz, CA 95062 Tel.: [phone] Fax: [phone] Counsel for Defendants Derrick O'Neal and O'Neal Publishing

JOINT STIPULATION TO SET ASIDE DEFAULT AND [PROPOSED] ORDER [FRCP 55(c)] Case No.: CV-08-2976 VRW 2

Case 3:08-cv-02976-VRW

Document 17

Filed 12/23/2008

Page 3 of 4

CERTIFICATE OF SERVICE I hereby certify that on this day, a copy of the foregoing was electronically transmitted to all counsel of record via the court's electronic filing system. Dated: December 23, 2008 THE MORALES LAW FIRM By: DAVID MORALES, ESQ. Attorney for Defendants

SIGNATURE CERTIFICATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. Dated: December 23, 2008 THE MORALES LAW FIRM By: DAVID MORALES, ESQ. Attorney for Defendants

JOINT STIPULATION TO SET ASIDE DEFAULT AND [PROPOSED] ORDER [FRCP 55(c)] Case No.: CV-08-2976 VRW 3

Case 3:08-cv-02976-VRW

Document 17

Filed 12/23/2008

Page 4 of 4

[PROPOSED] ORDER GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the default entered by the clerk in this matter be set aside. IT IS FURTHER ORDERED that Defendants shall file their response to the Complaint on or before January 16, 2009, but Defendants may not file a motion. IT IS FURTHER ORDERED that Defendants shall reimburse half of Plaintiff's substantiated service costs in an amount not to exceed $370.40 no later than January 16, 2009. IT IS FURTHER ORDERED that each party shall bear their own costs. IT IS SO ORDERED. 29 Dated: December ___, 2008

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HONORABLE VAUGHN R. WALKER Chief Judge of the U.S. District Court

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JOINT STIPULATION TO SET ASIDE DEFAULT AND [PROPOSED] ORDER [FRCP 55(c)] Case No.: CV-08-2976 VRW 4

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