IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 3, 2012
MICHAEL MCCUNE, PLAINTIFF,
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Defendant filed a motion to set aside default on December 23, 2011, setting it for hearing on January 19, 2012. Plaintiff has filed objections, based on lack of proper notice and statutory basis for seeking to set aside the default. The objections have merit, but the motion will not be stricken -- only continued.
Accordingly, IT IS ORDERED that:
1. The hearing on defendant's motion to set aside default is continued to January 26, 2012.
2. Defendant's motion is construed as one brought pursuant to Fed. R. Civ. P. 55(c).
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