Zhang et al v. Tse et al

Filing 188

ORDER DENYING AS MOOT 186 Motion for Discovery Related to Notice.Continuing Motion Hearing on 181 Motion to Vacate Default Judgment to 6/22/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on April 26, 2012. (jswlc3, COURT STAFF) (Filed on 4/26/2012)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

MEI-FANG LISA ZHANG, et al.,

11
For the Northern District of California

United States District Court

10

12
13

No. C 07-04946 JSW

Plaintiffs,

ORDER DENYING AS MOOT
MOTION FOR DISCOVERY
(Docket No. 186) AND
CONTINUING HEARING ON
MOTION TO VACATE DEFAULT
JUDGMENT (Docket No. 181)

v.
WEI-MAN RAYMOND TSE, et al.,
Defendants.
/

14
15

This matter comes before the Court upon consideration of Plaintiffs’ Motion for Leave

16

to Conduct Discovery on Issues Pertaining to Notice, which is scheduled for a hearing on May

17

25, 2012. The Court has received Defendants’ response, in which Defendants indicate that the

18

parties have agreed on certain procedures regarding discovery on the issue of notice. Therefore,

19

the Court DENIES the motion for leave to conduct discovery as moot.

20

However, the Court does not intend to conduct an evidentiary hearing on the motion to

21

vacate default judgment, and it shall not hear testimony from any individual on that motion. In

22

light of this fact, and in light of the parties’ agreements on depositions, the Court concludes that

23

it would be appropriate to continue the hearing on the motion to vacate, so that the parties may

24

complete the discovery contemplated by their agreement before that hearing. Therefore, the

25

Court CONTINUES the hearing on the motion to vacate the default judgment to June 22, 2012,

26

at 9:00 a.m. If Defendant, or his counsel, wishes to appear by phone at that hearing, they may

27

submit a request to the Court, which shall be granted.

28

1

The parties SHALL conduct the depositions as scheduled on May 25, 2012, unless they

2

can mutually agree upon an alternative date that will permit them to comply with the briefing

3

schedule contemplated by this Order. If Plaintiffs wish to file a supplemental opposition brief

4

to the motion to vacate default judgment that addresses any evidence obtained during discovery,

5

they shall do so on or before June 1, 2012. Defendant may file a reply brief by no later than

6

June 8, 2012. If the Court finds the motion to vacate default judgment suitable for disposition

7

without oral argument, it shall notify the parties in advance of the hearing date.

8
9

IT IS SO ORDERED.
Dated: April 26, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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