Johnson v. Sammy's Restaurant, Inc., No. 2:2011cv03008 - Document 23 (E.D. Cal. 2012)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/14/2012 VACATING 9 Clerk's Entry of Default; VACATING 21 Findings and Recommendations, DENYING, without prejudice, 19 Motion for Default Judgment. (Michel, G)

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Johnson v. Sammy's Restaurant, Inc. Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT JOHNSON, Plaintiff, 11 vs. 12 13 No. 2:11-cv-3008 LKK CKD SAMMY’S RESTAURANT, INC., Defendant. 14 ORDER / 15 On November 2, 2012, the court issued findings and recommendations 16 17 recommending that plaintiff’s motion for default judgment be granted. On November 12, 2012, 18 defendant, through an attorney on his behalf, filed an answer. Because defendant is now 19 represented by counsel and it appears that defendant intends to defend this case, the court will 20 vacate the previously issued finding and recommendations. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. The entry of default (dkt. no. 9) is vacated. 23 2. The findings and recommendations (dkt. no. 21) are vacated. 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 2 3. The motion for default judgment (dkt. no. 19) is denied without prejudice. Dated: November 14, 2012 3 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 4 /johnson-sammyrest3008.vac 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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