High v. The Choice Manufacturing Company, Inc. et al

Filing 109

STIPULATION AND ORDER SETTING ASIDE ENTRY OF DEFAULT 92 MOTION to Set Aside Default filed by The Choice Manufacturing Company, Inc... Signed by Judge Edward M. Chen on 8/1/12. (bpf, COURT STAFF) (Filed on 8/1/2012)

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1 2 3 4 LOCKE LORD LLP P. Russell Perdew (pro hac vice) rperdew@lockelord.com 111 S. Wacker Drive Chicago, IL 60601 Telephone: (312) 443-1712 Facsimile: (312) 896-6712 5 6 7 8 9 10 Locke Lord LLP 44 Montgomery Street, Suite 2400 San Francisco, CA 94104 11 12 LOCKE LORD LLP Regina J. McClendon (SBN 184669) rmcclendon@lockelord.com Sally W. Mimms (SBN 276093) smimms@lockelord.com 44 Montgomery Street, Suite 2400 San Francisco, CA 94104 Telephone: 415-318-8810 Facsimile: 415-676-5816 Attorneys for Defendants THE CHOICE MANUFACTURING COMPANY, INC. and PETER MASI 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 JACKIE L. HIGH, TRAVIS PEAVY, and LORETTA ALVA, on Behalf of Themselves and All Others Similarly Situated, ) ) ) ) Plaintiffs, ) ) vs. ) ) THE CHOICE MANUFACTURING COMPANY, ) INC., a.k.a. THE CHOICE WARRANTY, INC., ) INDEPENDENT BANK CORPORATION, ) MEPCO FINANCE CORPORATION, PETER ) MASI, DARAIN ATKINSON, CORY ATKINSON, ) and DOES 1 through 20, inclusive, ) ) Defendants. ) ) CASE NO. 3:11-cv-05478-EMC Hon. Edward M. Chen [PROPOSED] ORDER SETTING ASIDE ENTRY OF DEFAULT 26 27 28 The Court, having considered the motion brought by defendant The Choice Manufacturing Company, Inc. a.k.a The Choice Warranty, Inc. (“Choice”) to set aside the Entry of Default that was 1 [PROPOSED] ORDER High, et al. v. The Choice Manufacturing Company, Inc., et al., No. 3:11-cv-05478-EMC 1 entered by the Clerk of this Court on June 27, 2012, as well as the subsequently-filed stipulated 2 request made by Choice and Plaintiffs that this Court set aside the entry of judgment as to Choice, 3 hereby finds that good cause exists to set aside the Entry of Default as required by Federal Rule of 4 Civil Procedure 55(c). Accordingly, the Court ORDERS as follows: 5 The Entry of Default that was entered by the Clerk of this Court on June 27, 2012 is hereby set aside and vacated. Further, the hearing on the Motion to Set Aside filed by Choice that had been 7 set for August 10, 2012 is hereby taken off calendar. Locke Lord LLP R NIA A 44 Montgomery Street, Suite 2400 San Francisco, CA 94104 14 ER H 13 Chen _____________________________ ard M. dge Edw Chen Ju Hon. Edward M. United States District Court Judge RT 12 8/1/12 Dated: ___________________ NO 11 FO 10 DERED O OR IT IS S LI 9 UNIT ED IT IS SO ORDERED. S DISTRICT TE C TA RT U O 8 S 6 N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER High, et al. v. The Choice Manufacturing Company, Inc., et al., No. 3:11-cv-05478-EMC

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