IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 16, 2012
C.H., MINOR, BY AND THROUGH GUARDIAN AD LITEM KATHRYN R., PLAINTIFF,
STATE OF CALIFORNIA, DEPT. OF HEALTH CARE SERVICES, DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
On October 10, 2012, the Clerk of Court entered a default against defendant Department of Heath Care Services after it did not file a responsive pleading within 21 days of service of process. Defendant's failure to file a responsive pleading was on account of a calendaring error. The parties therefore stipulate that the default shall be set aside, and that defendant shall be granted a 21 day extension to answer the complaint filed in this case.
Considering the agreement of the parties and good cause being shown, IT IS ORDERED:
1. That plaintiff's motion for default judgment filed on October 10, 2012 (dkt. 11) is vacated; and
2. Defendants shall file a responsive pleading to plaintiff's August 8, 2012 complaint (dkt. 2) on or before November 2, 2012.
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