Electronic Arts Inc. et al v. Giant Productions et al

Filing 14

Electronic Arts Inc. et al v. Giant Productions et al

Doc. 14

Case 3:06-cv-03403-JSW

Document 14

Filed 09/21/2006

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KEKER & VAN NEST, LLP R. JAMES SLAUGHTER - #192813 RYAN M. KENT - #220441 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ELECTRONIC ARTS INC. and ELECTRONIC ARTS MUSIC PUBLISHING, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ELECTRONIC ARTS INC., a Delaware Corporation, and ELECTRONIC ARTS MUSIC PUBLISHING, INC., a Delaware Corporation, Plaintiffs, v. GIANT PRODUCTIONS, a French Corporation, NAJIB MARC REGHAY, an individual, and ALEXANDRA BERTHET, an individual, Defendants.

Case No. C06-3403 JSW REQUEST FOR ENTRY OF DEFAULT AGAINST GIANT PRODUCTIONS

380866.01

REQUEST FOR ENTRY OF DEFAULT AGAINST GIANT PRODUCTIONS Case No. C06-3403 JSW
Dockets.Justia.com

Case 3:06-cv-03403-JSW

Document 14

Filed 09/21/2006

Page 2 of 2

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TO: THE CLERK OF THE ABOVE-TITLED COURT Plaintiffs Electronic Arts Inc. and Electronic Arts Music Publishing, Inc. (collectively "EA") hereby request that the Clerk of the above-titled Court enter default in this matter against Defendant Giant Productions on the grounds that Giant Productions has failed to respond to Plaintiffs' Complaint within the time prescribed by Federal Rule of Civil Procedure 12(a)(1)(B). As evidenced by the E-filing docket sheet for this case, EA filed the Complaint on May 24, 2006. EA elected to request waiver of service from Giant Productions, and thus, on May 26, 2006, sent through reliable means a request to waive service in accordance with Rule 4(d). Giant Productions agreed to waive service and returned an executed waiver of service. EA filed that executed waiver on June 5, 2006. Pursuant to Rule 4(d)(3), Giant Productions had 90 days after the date on which the request for waiver of service was sent to respond. Accordingly, Giant Productions should have filed a responsive pleading on or before August 25, 2006. No such responsive pleading has been filed, and therefore EA requests the Clerk enter default in this matter. The above-stated facts are set forth in the accompanying declaration of Ryan M. Kent, filed herewith. Respectfully submitted, DATED: September 21, 2006 KEKER & VAN NEST, LLP

By:

/s/ Ryan Kent ________________ Ryan M. Kent Attorneys for Plaintiffs ELECTRONIC ARTS, INC. and ELECTRONIC ARTS MUSIC PUBLISHING, INC.

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380866.01

REQUEST FOR ENTRY OF DEFAULT AGAINST GIANT PRODUCTIONS Case No. C06-3403 JSW