Wake Forest Acquisitions, L.P., et al., v. Vanderbilt Commercial Lending, Inc. et al

Filing 87

ORDER signed by Magistrate Judge Deborah Barnes on 7/6/2018 ORDERING 79 Plaintiffs' Motion for Default Judgment Hearing is CONTINUED to 8/10/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; On or before 7/27/2018, plaintiffs shall file an amended motion for default judgment; On or before 7/27/2018, plaintiffs shall file proof of service of the amended motion on the defendants. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARY SHAFFER, et al.,

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Plaintiffs,

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v.

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ORDER

VANDERBILT COMMERCIAL
LENDING, INC., et al.,

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No. 2:15-cv-2167 KJM DB

Defendants.
VANDERBILT COMMERCIAL
LENDING, INC., et al.,

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Counterclaim-Plaintiffs,

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v.

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WAKE FOREST ACQUISITIONS, L.P.,

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Countercl.-Defendants.

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This action came before the court on June 7, 2018, for hearing of plaintiffs’ motion for

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default judgment. (ECF No. 84.) Attorney Monique Jewett-Brewster appeared telephonically on

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behalf of the plaintiffs. No appearance was made by, or on behalf of, any defendant.

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After the hearing, the undersigned issued an order on June 8, 2018. (ECF No. 85.) That

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order, in relevant part, ordered plaintiffs to “amend their motion to provide specific citations to

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any relevant or referenced exhibits” on or before June 29, 2018. (Id. at 2.) Plaintiffs have failed

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to comply with the June 8, 2018 order. Instead, on June 29, 2018, plaintiffs filed an amended

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declaration. (ECF No. 86.)

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As explained by the undersigned at the June 7, 2018 hearing, it is unclear whether all of

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the 600+ pages of exhibits and declarations filed in connection with plaintiffs’ motion for default

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judgment are necessary to the resolution of that motion. They may very well be crucial. But

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plaintiffs’ motion for default judgement makes few specific citations to those voluminous

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documents. And the filing of an amended declaration does not provide any additional

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clarification.1

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 13, 2018 hearing of plaintiffs’ motion for default judgment (ECF No. 79) is

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continued to Friday, August 10, 2018, at 10:00 a.m., at the United States District Court, 501 I

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Street, Sacramento, California, in Courtroom No. 27, before the undersigned;

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2. On or before July 27, 2018, plaintiffs shall file an amended motion for default
judgment;
3. Plaintiffs’ amended motion for default judgment shall include all necessary exhibits

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and declaration, and also provide specific, pinpoint, citations to any necessary exhibits or

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declarations referred to in the amended motion for default judgment; and

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4. On or before July 27, 2018, plaintiffs shall file proof of service of the amended motion

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on the defendants.

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Dated: July 6, 2018

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DLB:6
DB\orders\orders.civil\shaffer2167.hrg.cont2.ord

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Plaintiffs’ June 29, 2018 amended declaration consists of 357 pages. (ECF No. 86.)
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