Western National Life Insurance Company v. Woldemariam et al

Filing 38

ORDER REGARDING MOTION TO SET ASIDE DEFAULT re 37 Order.. Signed by Judge Yvonne Gonzalez Rogers on 9/18/12. (fs, COURT STAFF) (Filed on 9/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WESTERN NATIONAL LIFE INSURANCE
CO.,

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Plaintiff,

Case No.: 11-cv-06668-YGR
ORDER REGARDING MOTION TO SET ASIDE
DEFAULT

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vs.

Northern District of California

United States District Court

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ROMA WOLDEMARIAM, et al.,

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Defendants.

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Defendant Yohannes Woldemicael initially filed a Motion to Set Aside Default on August 29,
2012. (Dkt. No. 32.) The Court’s records reflect that the document was filed in error, and was re-

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filed on August 30, 2012. (Dkt. No. 33.) The only Chambers copy received by the Court did not
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contain the ECF header and date of filing.
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On September 12, 2012, Plaintiff filed a Notice of Non-Opposition to Motion to Set Aside
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Default. (Dkt. No. 35.) On September 13, 2012, Defendant Roma Woldemariam a/k/a Roma
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Mengesha filed an Opposition to Set Aside Entry of Default. (Dkt. No. 36.) The Court did not
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receive a Chambers copy of the Opposition.
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The Court did not consider Defendant Woldemariam’s Opposition when it issued its Order
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Granting Motion to Set Aside Default. (Dkt. No. 37.) The Court anticipated that any response to the
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Motion to Set Aside Default would have been filed by September 12, 2012, which was fourteen days
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from the date the initial motion was filed.
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The Court will entertain a reply to Defendant Woldemariam’s Opposition and, if necessary,
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will issue a revised order regarding the Motion to Set Aside Default.
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IT IS SO ORDERED.

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Dated: September 18, 2012

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__________________________________________

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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