SANDLER v. CALCAGNI et al

Filing 68

MOTION for Entry of Default Against Defendant Mia Calcagni by SHANA SANDLER WITH INCORPORATED MEMO.Responses due by 11/28/2007. (KUBETZ, BERNARD)

SANDLER v. CALCAGNI et al Doc. 68 UNITED STATES DISTRICT COURT DISTRICT OF MAINE SHANA SANDLER, Plaintiff v. MIA CALCAGNI et al., Defendants ) ) ) ) ) ) ) ) ) Case No. 1:07-cv-00029 PLAINTIFF'S MOTION FOR DEFAULT AGAINST DEFENDANT MIA CALCAGNI Plaintiff moves this Court to enter a default against Defendant Mia Calcagni as follows: 1. 2. 3. Mia Calcagni is a Defendant in this case. Mia Calcagni's deposition was noticed for November 6, 2007. About a week prior to the scheduled deposition of Defendant Mia Calcagni, her attorney advised Plaintiff's counsel that Mia Calcagni had decided not to appear for her scheduled deposition. 4. A telephone conference was held with the Court on November 2, 2007 to discuss the consequence of Defendant Mia Calcagni not appearing for her deposition. The Court advised all counsel that if Mia Calcagni did not appear for her deposition, she was subject to being defaulted in this matter. 5. 6. Mia Calcagni did not appear for her scheduled deposition on November 6, 2007. Plaintiff is entitled to have a default entered against Defendant Mia Calcagni on the issue of liability, with damages to be determined at a later time. Dockets.Justia.com WHEREFORE, Plaintiff requests that this Court enter a default against Defendant Mia Calcagni in this case, with the amount of damages to be awarded to Plaintiff and against Defendant Mia Calcagni to be determined at a later hearing or trial. Dated at Bangor, Maine, this 6th day of November, 2007. PLAINTIFF, Shana Sandler, BY____/s/ Bernard J. Kubetz________________ Bernard J. Kubetz, Esq. Eaton Peabody 80 Exchange Street P. O. Box 1210 Bangor, Maine 04402-1210 (207) 947-0111 bkubetz@eatonpeabody.com CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Motion for Default, upon counsel of record by electronic mail, on the 7th day of November, 2007, addressed to: Bruce Mallonee, Esq. Rudman & Winchell, LLC 84 Harlow Street P. O. Box 1401 Bangor, Maine 04402-1401 bmallonee@rudman-winchell.com Steven P. Wright, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP State Street Financial Center One Lincoln Street Boston, Massachusetts 02111-2950 steven.wright@klgates.com Matthew J. Segal, Esq. Stephen A. Smith, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 matthew.segal@klgates.com 2 J. William Druary, Jr., Esq. Marden, Dubord, Bernier & Stevens 44 Elm Street P. O. Box 708 Waterville, Maine 04903-0708 bdruary@mardendubord.com /s/ Bernard J. Kubetz Bernard J. Kubetz _______________ 3