Opinion
Case No.2:11-cv-02335-MCE-CKD
08-07-2012
SCOTT N. JOHNSON, Plaintiff, v. MICHAEL DERYLO, Defendant
Scott N. Johnson, Attorney for Plaintiff Robert Carl Lorbeer, Attorney for Defendant
SCOTT N. JOHNSON, ESQ., SBN 166952
DISABLED ACCESS PREVENTS INJURY, INC.
Attorney for Plaintiff Scott N. Johnson
ROBERT C. LORBEER, SBN 172072
ATTORNEY AT LAW
Attorney for Defendant
STIPULATION TO SET ASIDE
DEFAULT AND AMENDED ORDER
IT IS HEREBY STIPULATED by and between Plaintiff, Scott N. Johnson, and Defendant Michael Derylo, by and through their attorneys of record (Scott N. Johnson; Robert C. Lorbeer) that Plaintiff's Request for Entry of Default against Defendant Michael Derylo, and the resulting Magistrate Judge's Findings and Recommendations (ECF No. 13) and the Default (ECF No. 14), is hereby set aside. This stipulation is based upon the following facts constituting good cause: Defendant Michael Derylo disputes that he was properly served with either the lawsuit or the Findings and Recommendations of the Magistrate Judge.
IT IS FURTHER STIPULATED that Defendant Michael Derylo will file an Answer within 20 days of the Entry of Default being set aside.
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Scott N. Johnson,
Attorney for Plaintiff
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Robert Carl Lorbeer,
Attorney for Defendant
ORDER
As the parties have so stipulated, Plaintiff's Entry of Default against Defendant Michael Derylo, is hereby set aside and the Clerk of the Court is directed to reopen this case.
IT IS FURTHER ORDERED that Defendant Michael Derylo shall file an Answer within twenty (20) days of the date of this Amended Order.
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MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE