Opinion
No. 2:11-cv-00645 KJM KJN.
October 21, 2011
ORDER
Presently before the court is plaintiff's application for default judgment (Dkt. No. 12), to which no written opposition was filed. The court heard plaintiff's application for default judgment on its law and motion calendar on October 20, 2011. Attorney Thomas P. Riley appeared on behalf of plaintiff via telephone. No appearance was made by or on behalf of defendant.
This action proceeds before the undersigned pursuant to Eastern District of California Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).
For reasons discussed at the hearing concerning the sufficiency of an affidavit filed in support of the application, plaintiff withdrew its application for default judgment. Plaintiff intends to re-file its application at a later date.
Accordingly, IT IS HEREBY ORDERED that plaintiff's application for default judgment (Dkt. No. 12) is deemed withdrawn without prejudice.
IT IS SO ORDERED.
DATED: October 20, 2011