UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 10, 2009
SCOTT N. JOHNSON, PLAINTIFF,
WKSJ ENTERPRISES, INC., INDIVIDUALLY AND DBA SCHULTZ TIRE FACTORY; WILLIAM K. SCHULTZ, JR.; JOYCE R. SCHULTZ, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
ORDER SETTING ASIDE DEFAULT PURSUANT TO STIPULATION
TRIAL DATE: August 16, 2010
WHEREAS Plaintiff, Scott Johnson, has filed a Proof of Service of Plaintiff's Complaint on William K. Schultz, Jr., a n individual, as well as upon Joyce R. Schultz, an individual, and
WHEREAS, Plaintiff Scott Johnson requested that a default be entered against William K. Schultz, Jr. and Joyce R. Schultz, and
WHEREAS, on or about March 18, 2009, the United States District Court for the Eastern District of California in the above-entitled matter ordered the default of William K. Schultz , Jr. and Joyce R. Schultz entered, and
WHEREAS, Plaintiff and counsel for William K. Schultz, Jr. and Joyce R. Schultz have agreed that, in the interests of justice, and in order to determine the matter on its merits, good cause exists to allow the defaults entered against William K. Schultz, Jr. and Joyce R. Schultz should be set aside, and
WHEREAS, the parties have agreed that in exchange for setting the defaults aside, William K. Schultz, Jr. and Joyce R. Schultz shall be allowed to file an Answer to Plaintiff' s Complaint within ten (10) days of the Court's approval of this Request for Order Setting Aside Default;
IT IS HEREBY ORDERED THAT, pursuant to said stipulation, and good causing appearing therefor, the March 18, 2009 default against Defendants William K. Schultz, Jr. and Joyce R. Schultz is set aside and said Defendants may file an answer to Plaintiff's Complaint not later than ten (10) days following the date of this Order.
IT IS SO ORDERED.
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