MICHAELS v. ALEXANDRA

Filing 46

ORDER denying as moot 34 Motion to Strike ; denying as moot 23 Motion to Vacate ; denying as moot 23 Motion to Strike ; denying as moot 23 Motion to Set Aside. Signed by Judge Maurice B. Cohill on 6/25/13. (bfm )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DARREN MICHAELS,

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Plaintiff,

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vs.

BAJ ALEXANDRA and UNITED
STATES OF AMERICA, INC.
Defendants.

Civil Action No. 12-219E

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MEMORANDUM ORDER
Pending before the Court are Defendants' Motion to Vacate, Strike, and Set Aside
Default Judgment [ECF #23] and Plaintiff's Petition to Strike Defendant's Motion to Vacate
[ECF#34].
In Defendants' Motion, Defendants ask this Court "to vacate, strike and set aside the
default judgment entered by the Court of Common Pleas of Venango County, Pennsylvania."
Motion, p. 1. A default judgment had been entered against Defendant Baj in the state court on
July 13,2012.
On June 21, 1013, the Defendants filed a "Notice of Recent Action Taken by the State
Court in Darren Michaels v. Alexandra Baj, Civ. No. 901-2012." Attached to the Notice is an
Order of Court dated June 14, 2013, signed by the Honorable Robert L. Boyer of the Court of
Common Pleas of Venango County with respect to two cases filed in that court: (1) Darren
James Michaels vs. Lisa Vickers and Office, Civ. No. 1011-20 12; and (2) Darren Michaels,
Grantor vs. Alexandra Baj, Civ. No. 901-2012. The latter case was removed by the Defendants
to this Court on September 21,2012. With respect to No. 901-2012 case, the Order of Court
states in pertinent part: "The court hereby directs the Prothonotary's Office, in addition to having

transferred the case at Civil Number 901 of2012 to the federal authorities, to mark said
judgment in the Venango County docket sheets as "VACATED."
Given this directive by the State Court, Defendants' Motion to Vacate, Strike, and Set
Aside Default Judgment and Plaintiff's Petition to Strike Defendant's Motion to Vacate both will
be denied as moot.
AND NOW, it is hereby ORDERED, ADJUDGED, AND DECREED that Defendants'
Motion to Vacate, Strike, and Set Aside Default Judgment [ECF #23] and Plaintiff's Petition to
Strike Defendant's Motion to Vacate [ECF#34] are DENIED as MOOT.

14.~tC6~,}v.

DATE: June 25, 2013

Maurice B. Cohill, Jr.
Senior District Court Judge

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