Campbell v. Yeo et al

Filing 74

ORDER STRIKING DEFENDANTS' ANSWERS & ENTERING DEFAULT Signed by Magistrate Judge Bernard Zimmerman on 4/14/2009: Defendants' Answers are Stricken & their Default is Entered & that a Hearing on Plaintiff's Application for Default Judgment is Scheduled for 5/21/2009 at 9:00 a.m.. (bzsec, COURT STAFF) (Filed on 4/14/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. TIMOTHY YEO and TAF GROUP, LTD, a British Virgin Islands Co., Defendant(s). DAVID B. CAMPBELL, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C07-6229 BZ ORDER STRIKING DEFENDANTS' ANSWERS & ENTERING DEFAULT By Order dated March 18, 2009, defendants Timothy Yeo and TAG Group, Ltd. were ordered to show cause in writing by Wednesday, April 1, 2009, why they should not be held in contempt, or otherwise be sanctioned under Rule 16(f) for failure to comply with Court orders. (Doc. No. 68.) By that same Order, the Court scheduled a hearing on the Order to Show Cause for Monday, April 13, 2009 at 4:00 p.m. Neither defendant Yeo nor defendant TAF Group, Ltd. filed a written statement, nor did either defendant appear at the hearing on April 13. Accordingly, pursuant to the Court's previous orders (See Doc. Nos. 62, 68), and the Court's inherent 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authority to enforce its orders and manage its cases, IT IS HEREBY ORDERED that defendants' answers are stricken and their default is entered. It is further ORDERED that a hearing on plaintiff's application for default judgment is scheduled for Thursday, May 21, 2009 at 9:00 a.m. in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. Plaintiff should be prepared to prove his damages by competent testimony or other admissible evidence. If plaintiff intends to prove damages by affidavits or declarations, the affiant or declarant should have personal knowledge of all matters to which she testifies. evidence, proper foundations must be established. For all For an explanation of the evidentiary requirements for proving damages in a default case, the parties are encouraged to consult Chapter Six of Civil Procedure Before Trial by William W. Schwarzer, A. Wallace Tashima, and James M. Wagstaffe. Defendants should attend the hearing if they contest the validity or amount of plaintiff's claim. Before being relieved of their duties as defendants' counsel (See Doc. No. 62), either Mr. Edward E. Weiman or Ms. Tami Kameda of White O'Connor Fink & Brenner LLP, shall serve defendants with this order. Dated: April 14, 2009 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-BZCASES\CAMPBELL V. YEO\ORDERING ENTERING DEFENDANTS DEFAULT.wpd 2

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