Geoghegan et al v. Monessen Hearth Systems Co. et al

Filing 28

ORDER by Judge Hamilton granting 26 Motion to Set Aside Default (pjhlc2, COURT STAFF) (Filed on 1/3/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH GEOGHEGAN, et al.
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Plaintiff(s),

No. C 12-2896 PJH

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v.
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ORDER GRANTING MOTION TO
SET ASIDE ENTRY OF DEFAULT

MONESSEN HEARTH SYSTEMS, et al.
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Defendant(s).
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Before the court is defendants CFM Majestic U.S. Holdings, Inc. and CFM U.S.

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Corp.’s (“defendants”) motion to set aside the default entered in this action on October 31,

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2012. Plaintiffs have filed a non-opposition to defendants’ motion. Based on plaintiffs’ non-

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opposition, and on the strong public policy that generally disfavors default judgments in

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favor of resolving a case on its merits, the court GRANTS defendants’ motion to set aside

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entry of default.

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In their motion, defendants state their intention to file a motion to dismiss pursuant to

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Federal Rule of Civil Procedure 12(b)(6). Defendants shall file that motion no later than

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January 9, 2013, and that motion shall be briefed in accordance with Civil Local Rule 7.

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Defendants’ motion to dismiss will be heard on February 27, 2013, at 9:00am.

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IT IS SO ORDERED.

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Dated: January 3, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge