Electrical Industry Service Bureau, Inc. et al v. Beaman's, Inc.

Filing 22

ORDER VACATING HEARING re 15 MOTION for Default Judgment. Defendant to file motion to set aside default pursuant to Rule 55(c). Signed by Judge Maria-Elena James on 2/13/2013. (cdnS, COURT STAFF) (Filed on 2/13/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 ELECTRICAL INDUSTRY SERVICE BUREAU, INC., 8 Plaintiffs, 9 ORDER RE: MOTION FOR DEFAULT JUDGMENT v. 10 BEAMANS, INC., 11 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT No. C 12-5662 JST (MEJ) 13 On December 21, 2012, the Clerk of Court entered default against Defendant Beaman’s, Inc. 14 Dkt. No. 13. Plaintiffs subsequently filed a Motion for Default Judgment, which has been referred to 15 the undersigned to prepare a report and recommendation. Dkt. Nos. 15, 16. However, Defendant has 16 now filed an Opposition to Plaintiffs’ Motion. Accordingly, as it appears that Defendant seeks to 17 defend itself in this action and the case may proceed on the merits, the Court hereby VACATES the 18 March 7, 2013 hearing set in this matter. Defendant shall file a motion to set aside default before the 19 presiding judge pursuant to Federal Rule of Civil Procedure 55(c). 20 IT IS SO ORDERED. 21 22 Dated: February 13, 2013 23 24 25 26 27 28 _______________________________ Maria-Elena James United States Magistrate Judge

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