Terra Novo,Inc., v. Golden Gate Products,Inc.,

Filing 191

ORDER GRANTING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT; DIRECTIONS TO CLERK; SETTING DEADLINE FOR PLAINTIFF TO FILE MOTION FOR DEFAULT JUDGMENT; CONTINUING CASE MANAGEMENT CONFERENCE. The Clerk is directed to enter Golden Gate Products, Inc.� 39;s default. No later than October 21, 2011, plaintiff shall file a motion for default judgment or, alternatively, a statement indicating why it should not be required to do so. The Court continues the Case Management Conference from September 23, 2011 to January 13, 2012, at 10:30 a.m.; a Case Management Conference shall be filed no later than January 6, 2012. Signed by Judge Maxine M. Chesney on September 19, 2011. (mmclc1, COURT STAFF) (Filed on 9/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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TERRA NOVO, INC.,

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Plaintiff,

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No. C-03-2684 MMC

v.
GOLDEN GATE PRODUCTS, INC.,
Defendant.

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ORDER GRANTING PLAINTIFF’S
REQUEST FOR ENTRY OF DEFAULT;
DIRECTIONS TO CLERK; SETTING
DEADLINE FOR PLAINTIFF TO FILE
MOTION FOR DEFAULT JUDGMENT;
CONTINUING CASE MANAGEMENT
CONFERENCE

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Before the Court is the “Separate Case Management Statement Filed by Plaintiff,

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Terra Novo, Inc., and Request for Entry of Default,” filed September 13, 2011. Having read

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and considered said filing, the Court rules as follows.

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By order filed July 27, 2011, the Court granted Luce, Forward, Hamilton & Scripps

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LLP’s motion to withdraw as counsel for defendant Golden Gate Products, Inc. (“Golden

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Gate”). The Court also advised Golden Gate that “where a corporate defendant does not

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appear through counsel, the plaintiff may seek entry of a default judgment.” (See Order,

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filed July 27, 2011, at 2:11-15.) In order to afford Golden Gate the opportunity to obtain

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new counsel, the Court continued the Case Management Conference to September 23,

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2011, from its then-scheduled date of August 26, 2011, and directed the parties to file a

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case management statement no later than September 16, 2011.

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Golden Gate did not file a case management statement by the deadline set forth in

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the Court’s July 27, 2011 order, and has not otherwise appeared through new counsel.

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Accordingly, plaintiff’s request for entry of default is hereby GRANTED, and the

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Clerk is DIRECTED to enter said defendant’s default.
No later than October 21, 2011, plaintiff shall file a motion for default judgment or,
alternatively, a statement indicating why it should not be required to do so.

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In light of the above, the Court hereby CONTINUES the Case Management

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Conference from September 23, 2011 to January 13, 2012, at 10:30 a.m. A Case

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Management Conference shall be filed no later than January 6, 2012.

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IT IS SO ORDERED.

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Dated: September 19, 2011
MAXINE M. CHESNEY
United States District Judge

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