UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
April 21, 2008
KAYLE MAXFIELD (AKA RICHARD MAXFIELD), PLAINTIFF,
NORTH CENTRAL INDUSTRIES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge
MOTION TO SET ASIDE CLERK'S ORDER DENYING JOINT ENTRY OF DEFAULT
On April 3, 2008, the parties filed a stipulation/joint motion to set aside the clerk's entry of default against defendant R. Brown, Inc. On April 10, 2007, Plaintiff's attorneys filed declarations objecting to the motion. Plaintiff argues, in essence, that the stipulation was the result of a mistake of fact, misrepresentations and/or mistake of law.
Because Plaintiff has withdrawn his support for the motion, the Court DENIES the joint motion to withdraw the clerk's entry of default (Doc. No. 53). Defendant, therefore, must file a noticed motion to set aside the clerk's entry of default. Before filing any such motion, Defendant must first obtain a hearing date from the Court's law clerk.*fn1
In light of this order, defendant R. Brown, Inc.'s summary-judgment motion filed on April 7, 2008 is terminated. (Doc. No. 55.)
IT IS SO ORDERED.