Edwards v. Midpoint Resolutions Group

Filing 16

MINUTES OF IN CHAMBERS ORDER Amending Hearing Date held before Judge Gary A. Feess. The court needs additional information to reach a decision on Plaintiff's application for default judgment 13 . Therefore, Plaintiff is ORDERED TO SHOW CAUSE why Plaintiff is entitled to default judgment by 11/16/2009. Accordingly, the hearing scheduled for 11/16/2009 is CONTINUED to 11/30/2009 at 9:30 am before Judge Gary A. Feess. (csi)

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LINK: 13 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 09-3007 GAF (VBKx) Edwards v. Midpoint Resolutions Group Date November 9, 2009 Present: The Honorable Renee Fisher Deputy Clerk GARY ALLEN FEESS None Court Reporter / Recorder N/A Tape No. Attorneys Present for Plaintiff: None Attorneys Present for Defendant: None Proceedings: (In Chambers) ORDER AMENDING HEARING DATE On October 7, 2009, Plaintiff Don Edwards filed an application for default judgment concerning various violations of the Fair Debt Collection Practices Act ("FDCPA") and the Rosenthal Fair Debt Collection Practices Act ("Rosenthal Act") against Defendant Midpoint Resolutions Group. (Docket No. 13.) On October 23, 2009, Plaintiff filed a Memorandum of Points and Authorities addressing the default judgment factors listed in Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986), as requested by the Court. (Docket No. 14.) The Memorandum listed the Eitel factors and addressed each factor. However, Plaintiff has failed to provide evidence in the form of a declaration that (1) the procedural requirements of Rule 55(b) of the Federal Rules of Civil Procedure are met and that (2) the costs requested by Plaintiff for filing fees were actually spent. Therefore, the Court does not have enough evidence to sufficiently scrutinize Plaintiff's application for default judgment. Therefore, Plaintiff is ORDERED TO SHOW CAUSE why Plaintiff is entitled to CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 2 LINK: 13 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 09-3007 GAF (VBKx) Edwards v. Midpoint Resolutions Group Date November 9, 2009 default judgment by Monday, November 16, 2009. Accordingly, the hearing scheduled for Monday, November 16, 2009 is continued to Monday, November 30, 2009. IT IS SO ORDERED. CV-90 (06/04) CIVIL MINUTES - GENERAL Page 2 of 2

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