Summary
denying motion for default "because all defendants filed an answer within 60 days of accepting service by mail," and "[t]herefore, no defendant was in default."
Summary of this case from Langley v. Tulare Police Dep'tOpinion
CIVIL NO. C09-5080-BHS.
March 23, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 60). The Court having considered the Report and Recommendation and the remaining record, and no objections having been filed, does hereby find and order:
(1) The Court adopts the Report and Recommendation; and
(2) The motion for default is DENIED because all defendants filed an answer within 60 days of accepting service by mail. Therefore, no defendant was in default.