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Johnson v. Tera Investments

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 15, 2009

SCOTT N. JOHNSON, PLAINTIFF,
v.
TERA INVESTMENTS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows U. S. Magistrate Judge

ORDER

Plaintiff's motion for default judgment presently is calendared for hearing on January 22, 2009. Having reviewed the record, the court has determined that oral argument would not be of material assistance in determining the pending motion. Accordingly, the court will not entertain oral argument, and will determine the motion on the record, including the briefing in support of the pending motion. See E.D. Cal. L.R. 78-230(h).

The court has reviewed the motion and supporting papers, and now determines that service on defendants Tera Investments, Inc. and Tera Properties, LLC appears to be improper as the agent for service of process was not served. Further, the affidavit of service is not signed. (Docket No. 10.) Because the service does not comply with Fed. R. Civ. P. 4, the court will vacate the entry of default and deny without prejudice the motion for default judgment.

Accordingly, IT IS ORDERED that:

1. The January 22, 2009 hearing on the motion for default judgment is vacated.

2. The default entered October 14, 2008 is vacated.

3. Plaintiff's motion for default judgment is denied without prejudice.

20090115

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