Johnson v. 7-Eleven, Inc et al

Filing 43

ORDER by Judge Lucy Koh granting 40 Motion to Set Aside Default (lhklc2S, COURT STAFF) (Filed on 1/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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United States District Court
Northern District of California

RICHARD JOHNSON,
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Case No. 15-CV-02397-LHK

Plaintiff,

ORDER GRANTING MOTION TO SET
ASIDE ENTRY OF DEFAULT

v.

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Re: Dkt. No. 40
7-ELEVEN, INC, et al.,

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Defendants.

On December 23, 2015, Plaintiff Richard Johnson filed a motion for entry of default
against Defendant Thu T. Cates (“Cates”). ECF No. 38. The Clerk subsequently entered default
against Cates on December 31, 2015. ECF No. 39.
On January 14, 2016, Cates filed a motion to set aside default. ECF No. 40. Plaintiff filed
a statement of non-opposition on January 21, 2016. ECF No. 42. In this filing, Plaintiff states
that, “pursuant to Local Rule 7-3(b), Plaintiff does not oppose Defendant’s Motion to Set Aside
Default so that Defendant finally appears in the action.” Id. at 1; see also Civil L.R. 7-3(b) (“If the
party against whom [a] motion is directed does not oppose the motion, that party must file with the
Court a Statement of Nonopposition.”). In light of Plaintiff’s statement of non-opposition, Cates’
motion to set aside entry of default is hereby GRANTED.

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Case No. 15-CV-02397-LHK
ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT

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IT IS SO ORDERED.

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Dated: January 21, 2016

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______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 15-CV-02397-LHK
ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT