*1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
WEST COAST DISTRIBUTING, INC., a Massachusetts corporation, Plaintiff, Case No. C08-5140FDB v. ORDER GRANTING LEAVE TO FILE RESPONSE AMERICAN TRANSPORT, INC., a Washington corporation, Defendant.
Defendant moves for reconsideration of the Court’s Order and Judgment of Default. Defendant reasserts the point that it had filed a lawsuit against Plaintiff in California, which should have put Plaintiff on notice that Defendant intended to litigate Plaintiff’s claims; argues that under Jones v. Flowers , 547 U.S. 220, 233-34 (2006) the certified mail from the Secretary of State was inadequate notice; and the Court should allow Defendant to introduce evidence of excusable neglect because Defendant has good cause for not presenting evidence on that issue.
NOW, THEREFORE, IT IS ORDERED: Plaintiff West Coast Distributing is GRANTED leave to file a response to Defendant’s Motion for Reconsideration and shall have until Tuesday, September 30, 2008 to file a response; Defendant may file a reply Thursday, October 2, 2008. This matter shall be noted for consideration Friday, October 3, 2008.
DATED this 23 rd day of September, 2008. A FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE ORDER - 1