CARUSO v. OCCHIOGROSSO et al

Filing 45

ORDER granting in part and denying in part 32 Motion to Vacate ; denying 22 Motion for Default Judgment. The default entered against deft Occhiogrosso is vacated. The motion to stay the case is denied. Signed by Magistrate Judge Mark Falk on 7/9/13. (sr, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY SUZANNE CARUSO, Civil Action No. 11-1951 (DMC) Plaintiff, v. JOSEPH OCCHIOGROSSO, PATRICK WELSH, and SHOP TO EARTH, Defendants. ORDER THIS MATTER having come before the Court upon (1) Plaintiff’s motion for default judgment [CM/ECF No. 22]; and (2) Defendant Occhiogrosso’s cross-motion to vacate default and stay the case [CM/ECF No. 32]; and upon consideration of the papers submitted; and for the reasons stated in the Opinion issued on this date; and for good cause shown; IT IS on this 9th day of July 2013, ORDERED that, Plaintiff’s motion for default judgment [CM/ECF No. 22] is DENIED; and it is further ORDERED that, Defendant’s motion to vacate default and to stay the case [CM/ECF No. 32] is GRANTED IN PART AND DENIED IN PART. The default entered against Defendant Occhiogrosso is hereby vacated. The motion to stay the case is denied. s/Mark Falk MARK FALK United States Magistrate Judge 1

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