Geoghegan et al v. Monessen Hearth Systems Co. et al
ORDER by Judge Hamilton granting 26 Motion to Set Aside Default (pjhlc2, COURT STAFF) (Filed on 1/3/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSEPH GEOGHEGAN, et al.
No. C 12-2896 PJH
ORDER GRANTING MOTION TO
SET ASIDE ENTRY OF DEFAULT
MONESSEN HEARTH SYSTEMS, et al.
Before the court is defendants CFM Majestic U.S. Holdings, Inc. and CFM U.S.
Corp.’s (“defendants”) motion to set aside the default entered in this action on October 31,
2012. Plaintiffs have filed a non-opposition to defendants’ motion. Based on plaintiffs’ non-
opposition, and on the strong public policy that generally disfavors default judgments in
favor of resolving a case on its merits, the court GRANTS defendants’ motion to set aside
entry of default.
In their motion, defendants state their intention to file a motion to dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(6). Defendants shall file that motion no later than
January 9, 2013, and that motion shall be briefed in accordance with Civil Local Rule 7.
Defendants’ motion to dismiss will be heard on February 27, 2013, at 9:00am.
IT IS SO ORDERED.
Dated: January 3, 2013
PHYLLIS J. HAMILTON
United States District Judge
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