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Simmons v. O'Neal

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 29, 2008

YVETTE SIMMONS, PLAINTIFF,
v.
DERRICK O'NEAL, ET AL., DEFENDANTS.

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

JOINT STIPULATION

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.

IT IS SO STIPULATED.

CERTIFICATE OF SERVICE

I hereby certify that on this day, a copy of the foregoing was electronically transmitted to all counsel of record via the court's electronic filing system.

THE MORALES LAW FIRM By: DAVID MORALES, ESQ. Attorney for Defendants

Dated: December 23, 2008

SIGNATURE CERTIFICATION

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

THE MORALES LAW FIRM By: DAVID MORALES, ESQ. Attorney for Defendants

Dated: December 23, 2008

[PROPOSED] ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the default entered by the clerk in this matter be set aside. IT IS FURTHER ORDERED that Defendants shall file their response to the Complaint on or before January 16, 2009, but Defendants may not file a motion.

IT IS FURTHER ORDERED 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. IT IS FURTHER ORDERED that each party shall bear their own costs.

IT IS SO ORDERED.

20081229

© 1992-2008 VersusLaw Inc.



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