York, et al v. American Savings Network Inc., et al

Filing 69

ORDER signed by Magistrate Judge Deborah Barnes on 1/10/17 ORDERING that the hearing for plaintiff's 68 motion for default judgment is CONTINUED to 3/3/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Within 21 days of the date of this order plaintiffs shall properly serve each defendant with a copy of plaintiffs' 57 request for entry of the default, the Clerks 59 entry of default, plaintiffs 68 motion for default judgment, and a copy of this order. Within seven days of completing service on the defendants, plaintiffs shall file proof of such service with the court. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 PHYLLIS L. YORK, and JAMES B. CARR, Plaintiffs, 13 v. 14 15 16 17 No. 2:15-cv-0563 KJM DB ORDER AMERICAN SAVINGS NETWORK, INC., also known as AMERICAN SAVINGS NETWORK, LLC; ANTHONY DIEHL; and ROGER S. MORAN, 18 Defendants. 19 Plaintiffs have repeatedly, and unsuccessfully, moved for default judgement. (See ECF 20 21 Nos. 12, 25, 30, 35.) And plaintiffs have been repeatedly advised that they should serve the 22 motion for default judgment on the defendants. (See ECF Nos. 25 & 45.) Plaintiffs again filed a 23 motion for default judgment on December 14, 2016, setting the matter for hearing before the 24 undersigned on January 20, 2017. (ECF No. 68.) And plaintiffs have, yet again, failed to file 25 proof of service on the defendants of notice of plaintiff’s motion for default judgment. Nor does 26 it appear that plaintiffs served defendants with copies of the request for entry of default or the 27 Clerk’s entry of default. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The January 20, 2017 hearing of plaintiffs’ motion for default judgment (ECF No. 68) 3 4 is continued to March 3, 2017 at 10:00 a.m. in Courtroom No. 27; 2. Within twenty-one days of the date of this order plaintiffs shall properly serve each 5 defendant with a copy of plaintiffs’ request for entry of default (ECF No. 57), the Clerk’s entry of 6 default (ECF No. 59), plaintiffs’ motion for default judgment (ECF No. 68), and a copy of this 7 order; and 8 9 10 3. Within seven days of completing service on the defendants, plaintiffs shall file proof of such service with the court. Dated: January 10, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DLB:6 DB\orders\orders.civil\york0563.cont.mdj5.ord 25 26 27 28 2

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