Accor Franchising North America, LLC v. Elohim Ent. Inc. et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/26/2012 ORDERING that the 15 entry of default against defendant Elohim Ent. Inc. is REINSTATED. Plaintiff shall advise the court no later than 1/18/2013 whether it seeks default judgment against the defendant corporation based on its previously filed motion for default judgment 19 . Service of the motion supporting documents shall be served on the defendant corporation at the corporate address on file with the California Secretary of State. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ACCOR FRANCHISING
NORTH AMERICA, LLC,

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Plaintiff,

No. 2:12-cv-0762 GEB CKD

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vs.
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ELOHIM ENT. INC., et al.,
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Defendants.

ORDER
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By order filed December 20, 2012, the court vacated entry of default against the

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defendant corporation. Plaintiff has submitted evidence that the defendant corporation has been

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properly served pursuant to California Corporations Code § 1702(a). Accordingly, the entry of

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default will be reinstated.
Plaintiff’s motion for default judgment was brought against both the corporate and

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individual defendants. The individual defendant has not yet been properly served by publication

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pursuant to the July 10, 2012 order. If plaintiff intends to proceed on the motion for default

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judgment against the defendant corporation, plaintiff shall so advise the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The entry of default against defendant Elohim Ent. Inc. (dkt. no. 15) is

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reinstated.
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2. Plaintiff shall advise the court no later than January 18, 2013 whether it seeks

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default judgment against the defendant corporation based on its previously filed motion for

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default judgment (dkt. no. 19). Service of the motion and supporting documents shall be served

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on the defendant corporation at the corporate address on file with the California Secretary of

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State.

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Dated: December 26, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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