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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PHYLLIS L. YORK, and JAMES B.
CARR,
Plaintiffs,
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v.
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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,
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Defendants.
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Plaintiffs have repeatedly, and unsuccessfully, moved for default judgement. (See ECF
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Nos. 12, 25, 30, 35.) And plaintiffs have been repeatedly advised that they should serve the
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motion for default judgment on the defendants. (See ECF Nos. 25 & 45.) Plaintiffs again filed a
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motion for default judgment on December 14, 2016, setting the matter for hearing before the
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undersigned on January 20, 2017. (ECF No. 68.) And plaintiffs have, yet again, failed to file
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proof of service on the defendants of notice of plaintiff’s motion for default judgment. Nor does
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it appear that plaintiffs served defendants with copies of the request for entry of default or the
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Clerk’s entry of default.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The January 20, 2017 hearing of plaintiffs’ motion for default judgment (ECF No. 68)
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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
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defendant with a copy of plaintiffs’ request for entry of default (ECF No. 57), the Clerk’s entry of
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default (ECF No. 59), plaintiffs’ motion for default judgment (ECF No. 68), and a copy of this
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order; and
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3. Within seven days of completing service on the defendants, plaintiffs shall file proof of
such service with the court.
Dated: January 10, 2017
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DLB:6
DB\orders\orders.civil\york0563.cont.mdj5.ord
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