Fslic v. Thomas M. Day

Filing 48

ORDER re Supplemental Briefing and/or Evidence. Signed by Judge Edward M. Chen on 1/10/2012. (emclc1, COURT STAFF) (Filed on 1/10/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 FEDERAL DEPOSIT INSURANCE CORPORATION, No. C-89-2618 SAW 9 Plaintiff, ORDER RE SUPPLEMENTAL BRIEFING AND/OR EVIDENCE v. 11 For the Northern District of California United States District Court 10 THOMAS M. DAY, 12 Defendant. 13 ___________________________________/ 14 15 16 The Court has reviewed FDIC’s ex parte motion to renew the judgment. See Docket No. 44 17 (motion). Having reviewed such, the Court hereby orders FDIC to provide supplemental briefing 18 and/or evidence in support of its motion. More specifically, the Court orders FDIC to certify that the 19 address where Mr. Day was served is, to the best of its knowledge, the last known address of Mr. 20 Day and that, in the exercise of reasonable diligence, FDIC is not aware of another address for Mr. 21 Day. In addition, the Court orders FDIC to clarify who Aaron Paul, Esq. is (e.g., Mr. Day’s former 22 counsel)1, whether Mr. Paul was contacted in ascertaining an address for Mr. Day, and whether Mr. 23 /// 24 /// 25 /// 26 /// 27 28 1 Mr. Paul was served with FDIC’s prior motion to renew the judgment (filed back in December 2001). 1 2 Paul still serves as counsel for Mr. Day. Supplemental papers shall be filed and served within a week of the date of this order. 3 4 IT IS SO ORDERED. 5 6 Dated: January 10, 2012 7 _________________________ EDWARD M. CHEN United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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