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)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JOSEPH GEOGHEGAN, et al. 6 Plaintiff(s), No. C 12-2896 PJH 7 v. 8 ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT MONESSEN HEARTH SYSTEMS, et al. 9 10 11 Defendant(s). ___________________________________/ Before the court is defendants CFM Majestic U.S. Holdings, Inc. and CFM U.S. 12 Corp.’s (“defendants”) motion to set aside the default entered in this action on October 31, 13 2012. Plaintiffs have filed a non-opposition to defendants’ motion. Based on plaintiffs’ non- 14 opposition, and on the strong public policy that generally disfavors default judgments in 15 favor of resolving a case on its merits, the court GRANTS defendants’ motion to set aside 16 entry of default. 17 In their motion, defendants state their intention to file a motion to dismiss pursuant to 18 Federal Rule of Civil Procedure 12(b)(6). Defendants shall file that motion no later than 19 January 9, 2013, and that motion shall be briefed in accordance with Civil Local Rule 7. 20 Defendants’ motion to dismiss will be heard on February 27, 2013, at 9:00am. 21 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: January 3, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?