*1 Case 2:09-cv-00954-KJM-EFB Document 65 Filed 11/09/09 Page 1 of 2
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION,
NO. CIV. 2:09-cv-0954 FCD EFB Plaintiff,
v. ORDER
TRIDUANUM FINANCIAL, INC.; JOHNNY E. GRIVETTE, JR.; CHRISTOPHER JARED WARREN; and SCOTT EDWARD CAVELL,
Defendants.
----oo0oo---- This matter is before the court on defendant Scott Edward Cavell’s (“Cavell”) Motion to Set Aside Default and Default Judgment and to Quash Service. [1] Plaintiff Taylor, Bean & Whitaker Mortgage Corporation (“TBW”) filed a Statement of Non- Opposition to the motion. The court has reviewed the pleadings, records, and papers filed herein. Good cause having been shown, *2 Case 2:09-cv-00954-KJM-EFB Document 65 Filed 11/09/09 Page 2 of 2 IT IS HEREBY ORDERED that the clerk’s default entered against defendant Cavell on June 29, 2009 is SET ASIDE.
IT IS FURTHER ORDERED that the default judgment entered against defendant Cavell on July 14, 2009 is VACATED.
IT IS FURTHER ORDERED that the service of the summons and complaint on defendant Cavell is QUASHED.
IT IS SO ORDERED.
DATED: November 6, 2009
FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 2
[1] Because oral argument will not be of material assistance, the court orders this matter submitted on the briefs. See E.D. Cal. L.R. 78-230(h). 1