Opinion
Civil Action No.: 3:12-cv-04350 (SC)
03-04-2013
SWINERTON BUILDERS, et al., Plaintiffs, v. AMERICAN HOME ASSURANCE COMPANY, et al. Defendants.
Joseph L. Oliva, Esquire Oliva & Associates, ALC Attorney for Plaintiffs, Swinerton Builders and Swinertant Ineorporateal Marc J. Derewetzky, Esquire Trenk DiPasquale Delia Fera & Sodono, P.C. Attorney for Defendants, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, PA
STIPULATION AND ORDER TO
VACATE DEFAULT
The undersigned parties, through their respective counsel, hereby stipulate as follows and request that the Court enter the Stipulation as an Order, vacating plaintiffs' request to enter default judgment:
(1) On February 1, 2013, plaintiffs filed a request to enter default judgment against defendants American Home Assurance Company ("American Home") and National Union Fire Insurance Company of Pittsburgh, PA ("National Union").
(2) On February 22, 2013, American Home and National Union moved to set aside the defaults.
(3) Because the parties desire to (i) minimize fees and expenses in this action and (ii) reduce the burdens placed on the Court by additional and unnecessary motion practice respecting the propriety of the default, plaintiffs and defendants hereby stipulate that the plaintiffs' request to enter default judgment against American Home and National Union may and should be vacated by this Court.
(4) Upon entry of an Order on this stipulation, American Home and National Union shall withdraw their motion to set aside the defaults.
(5) Defendants American Home and National Union shall have 21 days from the date of this Order within which to respond to plaintiffs' complaint. ______________
Joseph L. Oliva, Esquire
Oliva & Associates, ALC
Attorney for Plaintiffs, Swinerton Builders
and Swinertant Ineorporateal
_______________
Marc J. Derewetzky, Esquire
Trenk DiPasquale Delia Fera & Sodono, P.C.
Attorney for Defendants, American Home
Assurance Company and National Union Fire
Insurance Company of Pittsburgh, PA
GOOD CAUSE ___________ SO ORDERED
Judge Samuel Conti