Opinion
1:21-cv-00616-DAD-EPG
06-14-2021
DARREN GILBERT, Plaintiff, v. BEST DEAL FOOD COMPANY, INC., dba COST LESS FOODS; SANDERS CONSTRUCTION COMPANY, a California general partnership, Defendants.
Nathan V. Okelberry (SBN 266596) FISHER & PHILLIPS LLP Attorneys for Defendants BEST DEAL FOOD COMPANY, INC., and SANDERS CONSTRUCTION COMPANY MOORE LAW FIRM, P.C. Tanya E. Moore Attorney for Plaintiff DARREN GILBERT
Nathan V. Okelberry (SBN 266596)
FISHER & PHILLIPS LLP
Attorneys for Defendants BEST DEAL FOOD COMPANY, INC., and SANDERS CONSTRUCTION COMPANY
MOORE LAW FIRM, P.C.
Tanya E. Moore Attorney for Plaintiff DARREN GILBERT
STIPULATION TO VACATE AND SET ASIDE CLERK'S ENTRY OF DEFAULT AGAINST DEFENDANTS AND ORDER THEREON
TO THE COURT AND ALL INTERESTED PARTIES AND THEIR COUNSEL OF RECORD:
Plaintiff DARREN GILBERT (“Plaintiff”) and Defendants BEST DEAL FOOD COMPANY, INC. and SANDERS CONSTRUCTION COMPANY (“Defendants”) hereby stipulate to vacate and set aside the Clerks Entry of Default entered on May 21, 2021 (Dkt. 7) and May 25, 2021 (Dkt. 9) as to Defendants.
RECITALS
WHEREAS on April 13, 2021, Plaintiff filed his Complaint, alleging Defendants violated the Americans with Disabilities Act and the California Unruh Civil Rights Act (Civ. Code § 51) in connection with a certain property/grocery market Defendants either operate and/or own;
WHEREAS Plaintiff contends he served Defendants' Agents via substituted service, and Defendants deny being served;
WHEREAS the Clerk entered default against Defendants on May 21, 2021 (Dkt. 7) and May 25, 2021 (Dkt. 9);
WHEREAS subsequent to the entry of the default, counsel for Plaintiff and Defendant met and conferred on a potential motion to set aside the default and agreed to stipulate to set aside the default; and
IT IS HEREBY STIPULATED by and between Plaintiff and Defendants that the Clerks Entry of Default entered on May 21, 2021 (Dkt. 7) and May 25, 2021 (Dkt. 9) as to Defendants be vacated and set aside, and that Defendants shall file a responsive pleading within twenty-one (21) days of this stipulation.
GOOD CAUSE exists for the stipulated relief as Defendants seek to have the default set aside within less than 30 days after the default was entered. It is in the interest of justice to set aside defaults so that cases may be decided on their merits, particularly when doing so can be done through stipulation, rather than expending unnecessary court and party resources in unopposed motions.
ORDER
Pursuant to the parties' stipulation (ECF No. 10), IT IS HEREBY ORDERED that:
1. The Clerk's entry of default against Defendants Best Deal Food Company, Inc. and Sanders Construction Company (ECF Nos. 7, 9) is set aside; and
2. Defendants Best Deal Food Company, Inc. and Sanders Construction Company shall file a responsive pleading within twenty-one days of entry of this order.
IT IS SO ORDERED.