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Brooke v. Patel, 1:17-cv-01679-DAD-JLT. (2018)

Court: District Court, E.D. California Number: infdco20180119569 Visitors: 16
Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: ORDER DISCHARGING ORDER TO SHOW CAUSE; ORDER DIRECTING THE CLERK OF THE COURT TO SET ASIDE THE CLERK'S ENTRY OF DEFAULT JENNIFER L. THURSTON , Magistrate Judge . On January 11, 2014, Plaintiff filed a proof of service as to defendant Balavant Patel that was not signed. ( Id. at 2, 3) After the Plaintiff filed a request for entry of default the Clerk of Court did so without realizing the proof of service was defective. Plaintiff has now responded to the Court's order to show cause and agree
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ORDER DISCHARGING ORDER TO SHOW CAUSE; ORDER DIRECTING THE CLERK OF THE COURT TO SET ASIDE THE CLERK'S ENTRY OF DEFAULT

On January 11, 2014, Plaintiff filed a proof of service as to defendant Balavant Patel that was not signed. (Id. at 2, 3) After the Plaintiff filed a request for entry of default the Clerk of Court did so without realizing the proof of service was defective. Plaintiff has now responded to the Court's order to show cause and agrees the entry of default should be withdrawn (Doc. 9). Therefore, the Court ORDERS:

1. The order to show cause is DISCHARGED:

2. The Clerk of the Court is DIRECTED to set aside the Clerk's Entry of Default (Doc. 6).

IT IS SO ORDERED.

Source:  Leagle

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