Hisamatsu v. Niroula et al

Filing 165

ORDER VACATING HEARING ON MOTION FOR DEFAULT JUDGMENT AND ALLOWING FILING OF CERTAIN LIMITED EVIDENCE. Signed by Judge Laporte on 10/14/09. (edllc1, COURT STAFF) (Filed on 10/14/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. KAUSHAL NIROULA; BANK OF HAWAII; and DOES 1-60, Defendants. / MEGUMI HISAMATSU, Plaintiff, No. C-07-04371-JSW (EDL) ORDER VACATING HEARING ON MOTION FOR DEFAULT JUDGMENT AND ALLOWING FILING OF CERTAIN LIMITED EVIDENCE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff Megumi Hisamatsu filed this action against Defendants Kaushal Niroula and Bank of Hawaii ("BOH") based on a financial scheme in which Plaintiff was allegedly defrauded of hundreds of thousands of dollars by Defendant Niroula with the cooperation of Defendant BOH. Mr. Niroula was served with the Second Amended Complaint on April 24, 2008 but failed to answer or otherwise respond. Judgment was entered in favor of BOH on March 3, 2009. Default was entered against Mr. Niroula on August 3, 2009, and Ms. Hisamatsu filed the instant Motion for Default Judgment against Mr. Niroula on September 9, 2009. Ms. Hisamatsu's Motion was referred to this Court by Judge Jeffrey S. White for a Report and Recommendation. Having reviewed Plaintiff's Motion For Default Judgment and the record in this case, the Court finds that this matter is suitable for decision based on the record, and hereby vacates the hearing set for October 20, 2009. Federal Rule of Civil Procedure 55(b)(2) authorizes a Court to enter judgment against a defendant against whom a default has been entered, assuming that defendant is not an infant, is not incompetent or in military service. Ms. Hisamatsu has not yet met //

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

this threshold evidentiary burden in that she has not provided a declaration on this point. Ms. Hisamatsu is hereby Ordered to provide evidence of Mr. Niroula's status if she has any within ten days from the date of this Order.

IT IS SO ORDERED.

Dated: October 14, 2009

ELIZABETH D. LAPORTE United States Magistrate Judge

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