Sarytchev v. Korolev et al

Filing 61

ORDER re Upcoming Hearing. Signed by Magistrate Judge Nandor J. Vadas on April 1, 2013. (njvlc2, COURT STAFF) (Filed on 4/1/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SERGEI SARYTCHEV, Case No. 12-cv-02284-NJV Plaintiff, 8 v. ORDER RE UPCOMING HEARING 9 10 VIXTOR KOROLEV, et al., Re: Dkt. No. 58 Defendants. United States District Court Northern District of California 11 12 Defendants have moved to set aside the default entered against them. Doc. No. 58. The 13 14 motion is set for hearing on April 9, 2013. Doc. No. 59. In opposition to the motion, plaintiff 15 Sarytchev makes a number of points (Doc. No. 60), two of which are of particular interest to the 16 court: 17 18 19 20 1. Defendants have not offered specific facts establishing the existence of a meritorious defense. 2. In the event the court grants Defendants’ motion and sets aside the default, the court should require Defendants to pay Plaintiff’s attorneys’ fees and costs. 21 Defendants have not responded to these arguments; indeed, they have not filed reply papers in 22 support of their motion. 23 Defendants should be prepared to address both points at the upcoming hearing. 24 IT IS SO ORDERED. 25 26 27 28 Dated: April 1, 2013 ______________________________________ Nandor J. Vadas United States Magistrate Judge

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