Romero et al v. Giacobino

Filing 19

ORDER RESCHEDULING HEARING TO DETERMINE DAMAGES. The hearing to determine damages currently set for 1/14/2015, is VACATED and RESET to 6/17/2015, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Plaintiffs shall FILE proofs of service of the Courts order and notice of the reset hearing on Defendant by no later than April 1, 2015. Order signed by Magistrate Judge Sheila K. Oberto on 12/17/2014. (Timken, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 JACINTO ROMERO, an individual; and RAMIRO CERDA, an individual d/b/a Yo No Fui Clothing, ORDER RESCHEDULING HEARING TO DETERMINE DAMAGES Plaintiffs, 11 12 Case No. 1:13-cv-02046-AWI-SKO (Doc. 19) v. 13 14 15 16 ALESSIA GIACOBINO, and individual; and DOES 1-10, inclusive, Defendants. _____________________________________/ 17 18 Plaintiffs Jacinto Romero and Ramiro Cerda (“Plaintiffs”) filed a Complaint on December 19 16, 2013, for trademark infringement, unfair competition, and false designation of origin. 20 (Doc. 1.) Defendant Alessia Giacobino was served on March 26, 2014; the answer to the 21 complaint was due on April 16, 2014. (Doc. 5.) The clerk entered default against Defendant on 22 August 29, 2014, and Plaintiffs filed their Motion for Default Judgment on November 13, 2014. 23 (Docs. 11, 15.) Plaintiffs requested a hearing pursuant to Fed. R. Civ. Proc. 55(b)(2), which was 24 set for January 14, 2015. (Docs. 16, 17.) 25 Plaintiffs have been unable to effect service upon the Defendant as he resides in Italy. 26 (Doc. 18, 1.) Plaintiffs request that the hearing to determine damages be rescheduled to allow for 27 proper foreign service of notice of the hearing and the documentation supporting their request for 28 damages. (Doc. 18, 1.) 1 IT IS HEREBY ORDERED that: 2 1. The hearing to determine damages set for January 14, 2015, is VACATED, and the 3 hearing is RESET to June 17, 2015, at 9:30 a.m. in Courtroom 7; and 4 2. Plaintiffs shall FILE proofs of service of the Court’s order and notice of the reset 5 hearing on Defendant by no later than April 1, 2015. 6 7 8 9 IT IS SO ORDERED. Dated: December 17, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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