Ascentium Capital, LLC v. Naz et al

Filing 11

ORDER signed by Magistrate Judge Deborah Barnes on 11/13/2020 ORDERING 9 Hearing on Motion for Default Judgment is CONTINUED to 12/18/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Defendants opposition or statement of non-opposition due by 12/4/2020, and any reply, if any is due by 12/11/2020.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASCENTIUM CAPITAL LLC, a Delaware
limited liability company,

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Plaintiff,

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No. 2:20-cv-1323 JAM DB

ORDER

v.
SAMARAH INVESTMENT, LLC, a
Colorado limited liability company dba LA
QUINTA INN & SUITES, SHAMA NAZ,
an individual.

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Defendants.

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On October 19, 2020, plaintiff filed a motion for default judgment and noticed the motion

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for hearing before the undersigned on November 20, 2020, pursuant to Local Rule 302(c)(1).

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(ECF No. 9.) On November 12, 2020, defendant Shama Naz filed an untimely response to the

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motion for default judgment. (ECF No. 10.) Therein, defendant requests that “if it’s too late to

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response the Motion please change the date of the Hearing,” and claiming to have received notice

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of the hearing, “not before last week.” (Id. at 2.) Good cause appearing, and it light of

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defendant’s pro se status, the undersigned will continue the hearing of the motion for default

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judgment and allow the parties to submit further briefing.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The November 20, 2020 hearing of plaintiff’s motion for default judgment (ECF No.

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9) is continued to Friday, December 18, 2020, at 10:00 a.m., at the United States District Court,

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

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2. On or before December 4, 2020, defendant shall file an opposition or statement of
non-opposition to plaintiff’s motion for default judgment;

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3. Plaintiff may file a reply, if any, on or before December 11, 2020; and

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4. In light of General Order No. 618, the parties shall appear at all hearings in this action

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either telephonically or over video conference through the Zoom application (which is free and

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must be downloaded to your computer or mobile device prior to the hearing). Parties proceeding

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in propria persona, on his or her own behalf, shall contact Pete Buzo, the courtroom deputy of the

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undersigned magistrate judge at [phone], no sooner than 4 days prior to the noticed or

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continued hearing date but no later than 48 hours prior to the hearing, to arrange their appearance

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either telephonically or over video conference. Counsel will receive an email containing the

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necessary appearance information and must notify the courtroom deputy no later than 48 hours

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prior to the hearing to elect to appear either telephonically or over video conference. The Zoom

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ID Number and password are confidential and are not to be given to anyone. Persons granted

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remote access to these proceedings, whether by Zoom or by telephone, are reminded of the

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general prohibition against photographing, recording, and rebroadcasting of court proceedings.

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Violation of these prohibitions may result in sanctions, restricted entry to future hearings, denial

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of entry to future hearings, or any other sanctions deemed necessary by the court.

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DATED: November 13, 2020

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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