Stipulation/Order to Set Aside Defaults Against Defendants La Toia Levy Johnson, Ewell Levy, II, and Geovanni Levy and to Set Date for Response to First Amended Complaint by such Defendants and Defendant Matthew Levy

LESLIE E. KOBAYASHI, District Judge.

Plaintiff United Financial Casualty Company and defendants LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy, through their respective counsel, stipulate as follows:

Recitals

In its first amended complaint in this case (Dkt. 28), plaintiff United Financial Casualty Company alleges three causes of action against defendants LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy. The court entered defaults on the first amended complaint against defendant LaToia Levy Johnson on April 20, 2017 (Dkt. 55), against defendant Ewell Levy, II on April 4, 2017 (Dkt. 49), and defendant Giovanni Levy on April 20, 2017 (Dkt. 55).

With the exception of defendant Matthew Levy, all defendants named in the first amended complaint have either appeared in the action or have been voluntarily dismissed.

Plaintiff United Financial Casualty Company has been attempting to effect service of the first amended complaint on defendant Matthew Leavy, but has been unsuccessful. Counsel for plaintiff United Financial Casualty Company has spoken with attorney Gary Roth, who represents defendants LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy in the pending state court litigation referenced in the first amended complaint. Attorney Roth has confirmed that all of his clients have an interest in participating in this case and that he has been authorized to accept service of the first amended complaint on behalf of defendant Matthew Leavy, if plaintiff United Financial Casualty Company will agree to the court vacating the defaults against attorney Roth's other clients.

Stipulation

Accordingly, plaintiff United Financial Casualty Company and defendants LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy hereby agree to the court ordering as follows:

1. The defaults entered against defendants LaToia Levy Johnson, Ewell Levy, II, and Geovanni Levy are vacated; and

2. LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy shall file a response to the first amended complaint within 20 days after entry of this order.

IT IS SO STIPULATED.

IT IS SO ORDERED.