Filed: Jul. 25, 2014
Latest Update: Jul. 25, 2014
Summary: STIPULATION AND ORDER TO SET ASIDE DEFAULT AND ALLOW DEFENDANTS PASQUALE DeSANTIS AND CARMELA DeSANTIS TO APPEAR AND RESPOND TO COMPLAINT STANLEY A. BOONE, Magistrate Judge. Plaintiff RONALD MOORE ("Plaintiff") and Defendants PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003 ("Defendants"), by and through their attorneys of record, agree as follows: WHEREAS, Plaintiff filed a Complain
Summary: STIPULATION AND ORDER TO SET ASIDE DEFAULT AND ALLOW DEFENDANTS PASQUALE DeSANTIS AND CARMELA DeSANTIS TO APPEAR AND RESPOND TO COMPLAINT STANLEY A. BOONE, Magistrate Judge. Plaintiff RONALD MOORE ("Plaintiff") and Defendants PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003 ("Defendants"), by and through their attorneys of record, agree as follows: WHEREAS, Plaintiff filed a Complaint..
More
STIPULATION AND ORDER TO SET ASIDE DEFAULT AND ALLOW DEFENDANTS PASQUALE DeSANTIS AND CARMELA DeSANTIS TO APPEAR AND RESPOND TO COMPLAINT
STANLEY A. BOONE, Magistrate Judge.
Plaintiff RONALD MOORE ("Plaintiff") and Defendants PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003 ("Defendants"), by and through their attorneys of record, agree as follows:
WHEREAS, Plaintiff filed a Complaint in U.S. District Court Eastern District of California against Defendants on April 21, 2014.
WHEREAS, Plaintiff submits that Defendants were served on May 6, 2014.
WHEREAS, Defendants did not respond to the Complaint because of lack of knowledge of the process and have recently retained counsel.
WHEREAS, Plaintiff Requested an Entry of Default as to Defendant which was entered on July 9, 2014, by the Clerk;
IT IS THEREFORE STIPULATED, pending a further Order of the Court, that the Default as to Defendants, PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, entered on July 9, 2014, be set aside and Defendants, PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003; and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, be allowed to appear and respond to the Complaint filed on April 21, 2014. Defendants will file a response within five (5) days of the Order being executed.
ORDER
GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court finds that the above-stated STIPULATION is approved by the Court and shall be and now is the Order of the Court. The Default entered against PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, on July 9, 2014, is hereby set aside, and PASQUALE DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, and CARMELA DeSANTIS, Trustee of the DeSANTIS FAMILY TRUST dated August 13, 2003, is hereby allowed to file a response to the Complaint filed April 21, 2014. Defendants are ordered to file the response within five (5) days of the order being executed.
IT IS SO ORDERED.
