The opinion of the court was delivered by: Honorable Vaughn R. Walker Chief Judge of the U.S. District Court
JOINT STIPULATION TO SET ASIDE DEFAULT AND [PROPOSED] ORDER [FRCP 55(c)]
Hon. Chief Judge Vaughn R. Walker
Plaintiff YVETTE SIMMONS ("Plaintiff"), by and through her attorneys of record, and Defendants DERRICK O'NEAL and O'NEAL PUBLISHING (collectively, "Defendants"), by and through their attorney, David P. Morales, Esq., (Plaintiff and Defendants, collectively, the "Parties") HEREBY JOINTLY STIPULATE AS FOLLOWS:
WHEREAS, the Court Clerk entered a default in this matter on December 10, 2008.
WHEREAS, the Parties wish to cooperate in setting aside the default and to proceed with this action.
IT IS HEREBY STIPULATED that:
1. The Parties hereby respectfully request that the Court set aside the default entered by the Clerk in this matter;
2. Defendants shall be permitted to file an Answer and Counterclaim, in Defendants' discretion, in response to the Complaint in this action, but Defendants may not file a motion;
3. That Defendants shall file their response on or before January 16, 2009;
4. That Defendants shall reimburse half of Plaintiff's substantiated service costs in an amount not to exceed $370.40 no later than January 16, 2009. Defense counsel shall issue payment to plaintiff counsel's trust account; and
5. Except as otherwise stipulated herein, each party shall bear their own costs.