NovelPoster v. Javitch Canfield Group et al

Filing 17

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NOVELPOSTER, Case No. 13-cv-05186-WHO Plaintiff, 8 v. ORDER VACATING CLERK'S ENTRY OF DEFAULT 9 10 JAVITCH CANFIELD GROUP, et al., Re: Dkt. No. 14 Defendants. United States District Court Northern District of California 11 12 On November 14, 2013, defendant Daniel Canfield was served with a summons in this 13 14 matter. Dkt. No. 6. Under Federal Rule of Civil Procedure 12, the defendant must file a 15 responsive pleading or Rule 12 motion within 21 days of service, i.e., December 5, 2013. On 16 December 4, 2013, defendant Daniel Canfield filed by hand a timely motion to dismiss. However, 17 the motion was not posted onto the Court’s electronic docket until December 12, 2013. Dkt. No. 18 16. 19 On December 6, 2013, the plaintiff requested that the Clerk enter default against the 20 defendants for failing to respond to the Complaint. Dkt. No. 11. On December 9, 2013, the Clerk 21 entered default against the defendants. Dkt. No. 14. 22 Because defendant Canfield filed a timely motion to dismiss, but default was entered 23 against him due to a clerical error, the Court ORDERS that the entry of default against Daniel 24 Canfield be VACATED. 25 26 27 28 IT IS SO ORDERED. Dated: December 12, 2013 ______________________________________ WILLIAM H. ORRICK United States District Judge

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