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F B T Inc v. Aesa Logistics Corp. and Dawn Food

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BAKERSFIELD DIVISION


March 18, 2013

F B T INC., PLAINTIFFS,
v.
AESA LOGISTICS CORP. AND DAWN FOOD PRODUCTS, INC., AND DOES 1-5, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

[Complaint Filed October 24, 2012] [Assigned for all Purposes to the Honorable R. Michael J. Seng] STIPULATION TO SET ASIDE DEFAULT AND ORDER THEREON

IT IS HEREBY STIPULATEDby and between plaintiff FBT, Inc. ("Plaintiff") and defendant Dawn Food Products, Inc. ("Defendant" or "Dawn"), by and through their attorneys of record, that Plaintiff's Application for Entry of Default against Defendant [Dkt. No. 9]*fn1 is hereby set aside, and the resulting Clerk's Entry of Default against Aesa Logistics Corp. and Dawn Food Products, Inc. [Dkt. No. 10] is hereby set aside with respect to Dawn only.

This stipulation is based on the following facts constituting good cause: (a) Defendant did not engage in culpable conduct by not answering the underlying complaint (the "Complaint"); (b) Defendant represents that it can and will avail itself of meritorious defenses against the claims asserted against it in this case; and (c) Plaintiff will not be prejudiced if Defendant is allowed to respond to the Complaint.

IT IS FURTHER STIPULATEDthat Defendant will file a response to the complaint within 20 days of Entry of the Default being set aside.

IT IS SO STIPULATED.

Dated: March 11th , 2013 NEMECEK & COLE, P.C. By: /s/ Gregg S. Garfinkel__________ GREGG S. GARFINKEL Attorneys for FBT, Inc. Dated: March 11th , 2013 BARNES & THORNBURG LLP By: /s/ Kevin D. Rising____________ KEVIN D. RISING Attorneys for Dawn Food Products, Inc.

ORDER

As the parties have so stipulated, Plaintiff's Application for Entry of Default against Defendant [Dkt. No. 9] is set aside, and the Clerk's Entry of Default against Aesa Logistics Corp. and Dawn Food Products, Inc. [Dkt. No. 10] is hereby set aside with respect to Dawn Food Products, Inc. only.

IT IS FURTHER ORDERED that Defendant Dawn Food Products, Inc. shall file an Answer within twenty (20) days of the date of this Order.

IT IS SO ORDERED.


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