UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 5, 2009
LYNCH, ET AL DEFENDANTS
PLAINTIFF'S REQUEST AND PROPOSED ORDER RE: WITHDRAWAL OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
I, Scott N. Johnson, am the Plaintiff in PRO SE and declare and request the following: I originally filed a Summons Returned Executed for the property owner Defendants Moe Shafiee and Farideh Shafiee on July 24, 2008 (Docket # 5). Base upon assertions made by Moe Shafiee on January 27, 2009, wherein he contested their Summons Returned Executed, I had the Defendant Moe Shafiee personally served. I therefore request that in addition to the original Summons Returned Executed be withdrawn for both Defendants Moe Shafiee and Farideh Shafiee, I also request that related Clerk's Entry of Default, and Motion for Default Judgment be withdrawn. The Motion for Default Judgment hearing was VACATED by MINUTE ORDER dated June 6, 2009. I further request that a new initial Scheduling Conference be set. I also request that Defendant Farideh Shafiee be dismissed without prejudice. The only remaining parties consist of the Plaintiff Scott N. Johnson and Defendant Moe Shafiee.
IT IS SO ORDERED: that the current Motion for Default Judgment is VACATED, Defendant Farideh Shafiee is dismissed without prejudice, and a new Scheduling Conference is set for April 20, 2009 at 3:00 p.m.
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