Opinion
No. C 12-05523 WHA
04-04-2013
INNOVATION VENTURES, LLC, et al., Plaintiffs, v. PITTSBURG WHOLESALE GROCERS, INC., et al., Defendants.
ORDER REGARDING
REQUEST TO ENTER
STIPULATED JUDGMENT
Given that defendant Rayco Fuels, Inc., d/b/a Jacumba Shell can only appear by way of counsel, it is impossible for the Court to enter the stipulated judgment. Counsel for plaintiffs should consider a dismissal against defendant Jacumba Shell in exchange for a private agreement. Alternatively, the Court would consider entering a default judgment against Jacumba Shell provided that service of the operative complaint and the summons have been made with proof of service provided. But, in that event, the relief granted can be no greater that provided by law for a default judgment.
IT IS SO ORDERED.
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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE