Kelley v. Commissioner of Social Security

Filing 24

ORDER denying 20 Request for Clerk's Entry of Default and denying 21 Motion for Default Judgment. This case shall go forward. Signed by Judge Larry Alan Burns on 5/8/14. (All non-registered users served via U.S. Mail Service)(kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Dorraine R. Kelley,

CASE NO. 13cv1125-LAB-KSC

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Plaintiff,

ORDER DENYING REQUEST
FOR CLERK’S ENTRY OF
DEFAULT AND MOTION FOR
DEFAULT JUDGMENT

vs.
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Commissioner of Social Security,

[Doc. Nos. 20, 21]

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Defendant.
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Within one week of Kelley filing a request for entry of default and motion for default
judgment, the Commissioner of Social Security filed an answer. Given the strong interest
in the adjudication of a case on the merits, In re Hammer, 940 F.2d 524, 525 (9th Cir. 1991),
and the Commissioner’s recent appearance and obvious willingness to defend, Kelley’s
request and motion are summarily DENIED. This case shall go forward.

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IT IS SO ORDERED.
DATED: May 8, 2014

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HONORABLE LARRY ALAN BURNS
United States District Judge

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-1-

13-cv-1125-LAB-KSC