Chen

(PS) Kraus v. Chen

Good Law
United States District Court, Eastern District of CaliforniaJuly 9, 20202:19-cv-00220California497 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY KRAUS, No. 2:19-cv-00220 WBS AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS DING CHUAN CHEN, Defendant. 16 This case is before the court on an unopposed motion to dismiss, ECF No. 25, which presents a problem of mistaken identity. Defendant Ding Chuan Chen of Fremont, California, is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). On March 31, 2020, the parties filed a joint stipulation to withdraw the answer of the currently appearing defendant Chen, who was admittedly served in error. ECF No. 18. The correct defendant, who has the same name, was served by publication and default was entered against that person (ECF Nos.16, 24), though the original, erroneously served defendant was never removed from the docket. Currently appearing defendant Chen has now moved to have himself dismissed from this case on the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.