Graebner et al v. James et al

Filing 94

ORDER GRANTING 90 MOTION TO SET ASIDE DEFAULT AND 93 MOTION TO DISMISS Michael E. James and MNM Properties, LLC. Signed by Judge Alsup on 9/30/2013. (whalc2, COURT STAFF) (Filed on 9/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ORDER GRANTING MOTION TO
SET ASIDE DEFAULT AND MOTION
TO DISMISS DEFENDANTS
MICHAEL E. JAMES AND MNM
PROPERTIES, LLC

Plaintiffs,

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No. C 12-01694 WHA

E. BERTITA TRABERT GRAEBNER,
individually and as Trustee of the El Nora
L. Trabert Irrevocable Trust, TALLIE R.
TRABERT, individually and as Trustee of
the El Nora L. Trabert Irrevocable Trust,
T. VERNON TRABERT, individually and
as Trustee of the El Nora L. Trabert
Irrevocable Trust,

v.

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MICHAEL E. JAMES, an individual,
MNM PROPERTIES, LLC, a foreign
limited liability company, WM. PAGE &
ASSOCIATES, INC., a foreign
corporation, WILLIAM SCOTT PAGE,
an individual, and DOES 1–50, inclusive,

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Defendants.

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Pursuant to the order dated September 6 (Dkt. No. 86), defendant Michael E. James

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submitted a motion to set aside default, explaining that good cause exists due to his lack of

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financial resources and confusion about the deadline for answering the amended complaint (Dkt.

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No. 90). Plaintiffs have filed a statement of non-opposition to defendant’s motion to set aside

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default (Dkt. No. 92). Additionally, plaintiffs have moved to dismiss both defendant James and

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MNM Properties, LLC, on the grounds that James lacks financial resources with which to satisfy

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a potential judgment and further litigation against James would be economically unfeasible (Dkt.
No. 93).

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Accordingly, defendant’s motion to set aside default is hereby GRANTED. Plaintiffs’

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motion to dismiss defendants James and MNM Properties, LLC is also GRANTED. This will now

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be res judicata. If any party objects to this order, then a hearing will go forward on October 16

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as scheduled (limited to the scope of this order; no evidentiary hearing will be required on

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October 16). If no objections are filed by NOON ON OCTOBER 3, then judgment will be entered

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therewith.

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IT IS SO ORDERED.

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Dated: September 30, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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