J & J Sports Productions, Inc. v. Strivers

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/8/13 ORDERING that the 12/9/13 hearing on motion for default judgment is VACATED. Plaintiff shall file a supplemental affidavit and any other evidence supporting that service of summons is proper within 14 days. The matter shall thereafter stand submitted on the papers. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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No. 2:13-cv-0876 KJM CKD

v.

ORDER

SEKOU STRIVERS,

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Defendant.

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Currently noticed for hearing on December 9, 2013 is plaintiff’s motion for default

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judgment. That date is not a date on which law and motion is heard by the undersigned and will

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accordingly be vacated.
The return of summons filed on September 11, 2013 indicates that defendant was served

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at 2721 Citrus Road, Rancho Cordova, CA 95742. ECF No. 9. The pending motion for default

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judgment was also served on defendant at that address. ECF No. 12. However, the court’s

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review of the WestLaw database PEOPLEFIND-CA does not indicate that defendant resides at

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that address. Plaintiff will therefore be afforded an opportunity to file a supplemental affidavit

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from the process server justifying the propriety of service of summons at the Rancho Cordova

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address.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date on plaintiff’s motion for default judgment set for December 9, 2013 is

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vacated.
2. Within fourteen days, plaintiff shall file a supplemental affidavit from the process
server and any other evidence which supports a finding that service of summons is proper.
3. The matter shall thereafter stand submitted on the papers.
Dated: November 8, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 j&jsports-strivers.fb

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