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Scott N. Johnson v. Michael Derylo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 7, 2012

SCOTT N. JOHNSON,
PLAINTIFF,
v.
MICHAEL DERYLO,
DEFENDANT

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

STIPULATION TO SET ASIDE DEFAULT AND AMENDED ORDER

IT IS HEREBY STIPULATED by and between Plaintiff, Scott N. Johnson, and Defendant Michael Derylo, by and through their attorneys of record (Scott N. Johnson; Robert C. Lorbeer) that Plaintiff's Request for Entry of Default against Defendant Michael Derylo, and the resulting Magistrate Judge's Findings and Recommendations (ECF No. 13) and the Default (ECF No. 14), is hereby set aside.

This stipulation is based upon the following facts constituting good cause: Defendant Michael Derylo disputes that he was properly served with either the lawsuit or the Findings and Recommendations of the Magistrate Judge.

IT IS FURTHER STIPULATED that Defendant Michael Derylo will file an Answer within 20 days of the Entry of Default being set aside.

Dated: July _23_, 2012 /s/Scott N. Johnson ____ Scott N. Johnson, Attorney for Plaintiff Dated: July _19_, 2012 /S/ Robert C. Lorbeer___ Robert Carl Lorbeer, Attorney for Defendant

ORDER

As the parties have so stipulated, Plaintiff's Entry of Default against Defendant Michael Derylo, is hereby set aside and the Clerk of the Court is directed to reopen this case.

IT IS FURTHER ORDERED that Defendant Michael Derylo shall file an Answer within twenty (20) days of the date of this Amended Order.

20120807

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