Filed: May 23, 2018
Latest Update: May 23, 2018
Summary: STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW THE ANSWER FILED BY DEFENDANT DOWNS NORTH BAKERSFIELD TO STAND; ORDER THEREON (Doc. 11) JENNIFER L. THURSTON , Magistrate Judge . Plaintiff YOUSEF ABOU HARB ("Plaintiff" and/or "Harb"), and Defendant DOWNS NORTH BAKERSFIELD INC. ("Defendants"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS Plaintiff filed a complaint in the U.S. District Court-Eastern District of California against Defendant on March 23, 2018;
Summary: STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW THE ANSWER FILED BY DEFENDANT DOWNS NORTH BAKERSFIELD TO STAND; ORDER THEREON (Doc. 11) JENNIFER L. THURSTON , Magistrate Judge . Plaintiff YOUSEF ABOU HARB ("Plaintiff" and/or "Harb"), and Defendant DOWNS NORTH BAKERSFIELD INC. ("Defendants"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS Plaintiff filed a complaint in the U.S. District Court-Eastern District of California against Defendant on March 23, 2018; ..
More
STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW THE ANSWER FILED BY DEFENDANT DOWNS NORTH BAKERSFIELD TO STAND; ORDER THEREON
(Doc. 11)
JENNIFER L. THURSTON, Magistrate Judge.
Plaintiff YOUSEF ABOU HARB ("Plaintiff" and/or "Harb"), and Defendant DOWNS NORTH BAKERSFIELD INC. ("Defendants"), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS Plaintiff filed a complaint in the U.S. District Court-Eastern District of California against Defendant on March 23, 2018;
WHEREAS Plaintiff submits that Defendant was served on March 29, 2018;
WHEREAS Defendant did not respond to the complaint by April 19, 2018:
WHEREAS Plaintiff requested an Entry of Default as to Defendant on or about May 9, 2018;
WHEREAS the clerk of the Court entered a Default against Defendant on or about May 10, 2018;
WHEREAS Defendant filed an Answer to the Complaint with Jury Demand on May 10, 2018;
WHEREAS Defendant contends that it has a valid defense to the allegations contained in the Complaint, as well as can prove certain affirmative defenses raised against the allegations of the Complaint, as our set forth in its Answer which was filed with the Court on May 10, 2018;
WHEREAS no party is prejudiced by having this matter proceed forward through the normal course of litigation.
IT IS THEREFORE STIPULATED, pending execution of an order from this Court, that the Default of Defendant Downs North Bakersfield, Inc. entered May 10, 2018 be set aside and the Answer to the Complaint filed May 10, 2018 be allowed to stand as the Answer to the Complaint filed March 23, 2018.
IT IS SO STIPULATED.
ORDER
GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court finds that the above-stated Stipulation is approved and sanctioned by the Court and shall be and now is the Order of the Court. The Default entered against Defendant DOWNS NORTH BAKERSFIELD INC. on May 10, 2018 is hereby set aside, and the Answer filed by Defendant DOWNS NORTH BAKERSFIELD INC. on May 10, 2018 will stand as the Answer to the Complaint filed March 23, 2018.
IT IS SO ORDERED.
