Echo Geophysical Corporation v. Eckard Land & Acquisition, Ltd. et al

Filing 45

ORDER Granting Motion to Vacate Default Judgment. Ordered that Clerk's Entry of Default 29 is VACATED and the Answer and Jury Demand 32 filed on behalf of Defendant is accepted as filed. Order denying as moot 35 Motion for Hearing/Conference. Order denying as moot 36 Motion to Strike. Ordered that the Preliminary Injunction Order remains in full force and effect by Judge Christine M. Arguello on 05/22/09.(jjh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00681-CMA-MEH ECHO GEOPHYSICAL CORPORATION, Plaintiff, v. ECKARD LAND & ACQUISITION, LTD., AMERICAN ENERGY PARTNERS, INC., and ENERMAX, INC., Defendants. ORDER GRANTING MOTION TO VACATE DEFAULT JUDGMENT This matter is before the Court on Defendant Enermax, Inc.'s Motion To Set Aside Entry of Default Judgment Against Enermax, Inc. and To Permit Filing of Answer and Jury Demand (Doc. # 34). Upon review of the motion and being fully advised in the premises, the Court hereby GRANTS the motion. It is ORDERED that the Clerk's Entry of Default (Doc. # 29) as to Enermax, Inc. is VACATED and the Answer and Jury Demand (Doc. # 32) filed on behalf of Defendant Enermax, Inc. on May 4, 2009 is accepted as filed. It is FURTHER ORDERED that Plaintiff's Motion for Hearing To Determine Damages (Doc. # 35) and Motion To Strike Answer of Enermax, Inc. as Untimely and Improper (Doc. # 36) are DENIED AS MOOT. It is FURTHER ORDERED that the Preliminary Injunction Order, effective April 9, 2009, remains in full force and effect. DATED: May 22 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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