NovelPoster v. Javitch Canfield Group et al
Filing
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ORDER VACATING #14 CLERK'S ENTRY OF DEFAULT (as to DAVID CANFIELD only). Signed by Judge William H. Orrick on 12/12/2013. (jmdS, COURT STAFF) (Filed on 12/12/2013) (Additional attachment(s) added on 12/12/2013: #1 Certificate/Proof of Service) (jmdS, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NOVELPOSTER,
Case No. 13-cv-05186-WHO
Plaintiff,
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v.
ORDER VACATING CLERK'S ENTRY
OF DEFAULT
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JAVITCH CANFIELD GROUP, et al.,
Re: Dkt. No. 14
Defendants.
United States District Court
Northern District of California
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On November 14, 2013, defendant Daniel Canfield was served with a summons in this
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matter. Dkt. No. 6. Under Federal Rule of Civil Procedure 12, the defendant must file a
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responsive pleading or Rule 12 motion within 21 days of service, i.e., December 5, 2013. On
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December 4, 2013, defendant Daniel Canfield filed by hand a timely motion to dismiss. However,
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the motion was not posted onto the Court’s electronic docket until December 12, 2013. Dkt. No.
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16.
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On December 6, 2013, the plaintiff requested that the Clerk enter default against the
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defendants for failing to respond to the Complaint. Dkt. No. 11. On December 9, 2013, the Clerk
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entered default against the defendants. Dkt. No. 14.
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Because defendant Canfield filed a timely motion to dismiss, but default was entered
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against him due to a clerical error, the Court ORDERS that the entry of default against Daniel
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Canfield be VACATED.
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IT IS SO ORDERED.
Dated: December 12, 2013
______________________________________
WILLIAM H. ORRICK
United States District Judge
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