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McCUNE v. SINGH, CIV S-10-2207 FCD GGH PS. (2012)

Court: District Court, E.D. California Number: infdco20120130464 Visitors: 4
Filed: Jan. 03, 2012
Latest Update: Jan. 03, 2012
Summary: ORDER GREGORY G. HOLLOWS, Magistrate Judge. Defendant filed a motion to set aside default on December 23, 2011, setting it for hearing on January 19, 2012. Plaintiff has filed objections, based on lack of proper notice and statutory basis for seeking to set aside the default. The objections have merit, but the motion will not be stricken — only continued. Accordingly, IT IS ORDERED that: 1. The hearing on defendant's motion to set aside default is continued to January 26, 2012. 2. Defendan
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ORDER

GREGORY G. HOLLOWS, Magistrate Judge.

Defendant filed a motion to set aside default on December 23, 2011, setting it for hearing on January 19, 2012. Plaintiff has filed objections, based on lack of proper notice and statutory basis for seeking to set aside the default. The objections have merit, but the motion will not be stricken — only continued.

Accordingly, IT IS ORDERED that:

1. The hearing on defendant's motion to set aside default is continued to January 26, 2012.

2. Defendant's motion is construed as one brought pursuant to Fed. R. Civ. P. 55(c).

Source:  Leagle

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