Opinion
Case No. 3:11-cv-05226-RS
11-18-2011
AMBER KRISTI MARSH and STACIE EVANS, individually and on behalf of a class of similarly situated persons, Plaintiffs, v. ZAAZOOM SOLUTIONS, LLC, et al., Defendants.
KRONENBERGER ROSENFELD, LLP Karl S. Kronenberger (CA Bar No. 226112) Jeffrey M. Rosenfeld (CA Bar No. 222187) Virginia A. Sanderson (CA Bar No. 240241) Attorneys for Plaintiffs AMBER KRISTI MARSH AND STACIE EVANS DENNIS A. WINSTON A PROFESSIONAL LAW CORPORATION Dennis A. Winston (CA Bar No. 068049) Attorneys for Defendants ZAAZOOM SOLUTIONS, LLC; ZAZA PAY, LLC; AUTOMATED ELECTRONIC CHECKING, INC.; MULTIECOM, LLC; AND ONLINE RESOURCE CENTER, LLC.
KRONENBERGER ROSENFELD, LLP
Karl S. Kronenberger (CA Bar No. 226112)
Jeffrey M. Rosenfeld (CA Bar No. 222187)
Virginia A. Sanderson (CA Bar No. 240241)
Attorneys for Plaintiffs AMBER KRISTI MARSH AND STACIE EVANS
DENNIS A. WINSTON A PROFESSIONAL
LAW CORPORATION
Dennis A. Winston (CA Bar No. 068049)
Attorneys for Defendants
ZAAZOOM SOLUTIONS, LLC; ZAZA PAY, LLC;
AUTOMATED ELECTRONIC CHECKING, INC.;
MULTIECOM, LLC; AND
ONLINE RESOURCE CENTER, LLC.
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT ENTERED AGAINST DEFENDANTS MULTIECOM, LLC AND ONLINE RESOURCE CENTER, LLC
TO THE CLERK OF THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
Plaintiffs AMBER KRISTI MARSH and STACIE EVANS ("Plaintiffs") and Defendants MULTIECOM, LLC and ONLINE RESOURCE CENTER, LLC ("Defendants") hereby STIPULATE as follows:
1. On November 15, 2011, the Clerk of the Court entered default against Defendants MultiECom, LLC and Online Resource Center, LLC [D.E. No. 26] (the "Default").
2. The Default was the result of mistake, inadvertence and excusable neglect on the part of counsel for Defendants which were first named as Defendants in the Second Amended Complaint in the above-captioned action.
2. Plaintiffs will not be prejudiced by setting aside the Default and the Default was not the result of bad faith.
3. Plaintiffs and Defendants therefore stipulate and request that the Court set aside the Default pursuant to Federal Rule of Civil Procedure 55(c).
IT IS SO STIPULATED.
KRONENBERGER ROSENFELD, LLP
Jeffrey M. Rosenfeld
Attorneys for Plaintiffs
DENNIS A. WINSTON A PROFESSIONAL LAW CORPORATION
Dennis A. Winston
Attorney for Defendants Zaazoom
Solutions, LLC; Zaza Pay LLC, Automated
Electronic Checking, Inc, Multiecom, LLC
and Online Resource Center, LLC
[PROPOSED] ORDER
IT IS HEREBY ORDERED that pursuant to Federal Rule of Civil Procedure 55(c), the defaults entered against Defendants Multiecom, LLC and Online Resource Center, LLC, [D.E. No. 26], are hereby set aside.
IT IS HEREBY FURTHER ORDERED that Defendants Multiecom, LLC and Online Resource Center, LLC shall file a responsive pleading or motion within five (5) days of this Order.
THE HON. RICHARD SEEBORG
United States District Court Judge
ATTESTATION OF CONCURRENCE IN FILING
Pursuant to the General Order No. 45, section 45 X(B), for The United States District Court for the Northern District of California, I, Jeffrey M. Rosenfeld, hereby attest that the concurrence to the filing of the foregoing stipulation has been obtained from Dennis A. Winston who has provided the conformed signature above.