Fotinos v. Sills et al
Filing
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ORDER by Chief Magistrate Judge Maria-Elena James granting 47 Stipulation to Vacate Default of Defendnat David Boyes. (rmm2S, COURT STAFF) (Filed on 11/9/2012)
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STEPHEN J. SHERMAN, (State Bar No. 142358)
HALVERSON & ASSOCIATES
57 Post Street. Suite 900
San Francisco. CA 94104
Telephone (415) 986-7300
Facsimile (415) 398-8715
Attorneys for Defendant
DAVID BOYES
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
MICHELLE FOTINOS, individually and as
guardian ad litem on behalf of R. F .. a minor
child.
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) Case No. CV -12-03828 MEJ
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) STIPULATION AND lei@
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ORDER TO VACATE DEFAULT OF
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Plaintiff,
) DEFENDANT DAVID BOYES
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v.
) Judge: Hon. Marie-Elena James
Chief Magistrate Judge
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LAURIE SILLS, in her individual and official )
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capacities, DAVID BOYES. and DOES I
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through I 0, inclusive,
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Defendants.
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STIPIIUTION AND (PROPOSED( ORDER TO VA(:An: DU'AIII.T m· DEFF.NIJANT IJAVIIJ BOVt:S
Caso No. CV-I2~J8l8 MEJ
STIPULATION
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Plaintiff MICHELLE FOTINOS, individually and as guardian ad litem on behalf of R.F ..
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a minor child and Defendant David Boyes, by and through their respective counsel, hereby enter
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into this stipulation to vacate any default entered into against Defendant BOYES and allow
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Defendant to file a responsive pleading to Plaintiffs' Complaint.
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WHEREAS, on or about July 23.2012. Plaintiff filed her Complaint and Demand for
Jury Trial in this matter;
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WHEREAS, on the afternoon of October 12.2012, Stephen Sherman, counsel for
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Defendant, left a detailed telephone message for Patricia Barry, counsel for Plaintiff. indicating
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that Defendant had recently retained his firm as counsel. inquiring about the status of service,
and requesting a brief continuance in order to file a timely responsive pleading to Plaintiff's
Complaint;
WHEREAS, Plaintiffs' counsel did not receive the telephone message from Defendant's
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counsel until October 13, 20 12;
WHEREAS, on the evening of October 12, 2012, following the telephone message from
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Defendant's counsel, Plaintitrs counsel prepared and submitted to this Court documents in
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support of an entry of default against Defendant;
WHEREAS, on November I, 2012, this Court is scheduled to hear a Motion to Dismiss
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Plaintiff's Complaint by Defendant LAURIE SILLS and Plaintiff's opposition has included a
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request for leave to amend her Complaint;
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WHEREAS, the interests of justice and judicial economy would be served to allow
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Defendant BOYES to file a responsive pleading to Plaintitrs Complaint and such a response
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should await this Court's determination of the pending Motion to Dismiss;
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Ill
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!iTIPIILATION AND fPROPOSEDf ORDt:R TO VACATF. DEFAIII.T OF DEFF.NDANT DAVID BOYF.S
Case No. CV-12..03818 MEJ
TilE PARTIF.S HE REilY STIPULATE to the following:
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The Entry of Dt:fault Against Defendant David Boyes be vacated by this Court.
Defendant David Boyes be allowed to tile a n:sponsive pleading to l'laintitl's
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original ( 'omplaim v.ithin
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days of this Court's det:ision to deny the pending Motion to
Dismis~.
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Defendant David Hnyes he allowed tile a timely responsive pleading to Plaintiffs
!'irs\ ,\n1.:ndcd Complaint in the event this Court gmnts the pending Motion to Dismiss with
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leave to amend.
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Dated: October
::J 2012
HALVERSON &_f\SBOCIATliS
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Dated: O.:toher :__!.:. :!0 12
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,:...J/L'L--,.
Patricia J. Harr). Es4.
Attorneys lor Plaintift=l
MICHELLF I'OTINOS
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ORDER
ll\TIO~ .\.'IV
(PROPOSE OJ ORDER TO VACATE DHAl'LT Ot"flf.FF:NDANT DAVID BOYES
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