Miller v. Facebook, Inc. et al

Filing 140

ORDER DENYING STIPULATED REQUEST AND CONTINUING HEARING re 138 Stipulation filed by Yao Wei Yeo. Signed by Judge Alsup on May 5, 2011. (whalc1, COURT STAFF) (Filed on 5/5/2011)

1
2

IN THE UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5
6

DANIEL M. MILLER,

7

Plaintiff,

8

No. C 10-00264 WHA

v.

9

FACEBOOK, INC. and YAO WEI YEO,

10

ORDER DENYING
STIPULATED REQUEST AND
CONTINUING HEARING

Defendants.

For the Northern District of California

United States District Court

/
11
12

Yao Wei Yeo is the only defendant that remains in this action. The clerk entered default

13

as to defendant Yeo in September 2010. Plaintiff, however, did not move for default judgment

14

until April 2011, after a reminder notice regarding pretrial filings was issued. Plaintiff noticed a

15

hearing on the motion for 8:00 a.m. on May 19, 2011. That hearing is hereby continued to

16

2:00 P.M. on the same day.

17

The deadline for Yeo to file an opposition or statement of non-opposition to the motion

18

was April 28. None has been filed. Yeo also has not filed any motion to vacate the entry of

19

default. Puzzlingly, on May 5, the parties filed stipulated request for an order shortening time

20

such that Yeo’s motion to set aside his default may be heard concurrently with the motion for

21

default judgment on May 19. The stipulation refers to both a motion by Yeo to set aside his

22

default and also a declaration in support thereof, but no such filings appear on the docket

23

(Dkt. No. 138). Because the stipulated request concerns a motion that does not exist, it is

24

DENIED. Even if Yeo were to file such a motion, the time remaining before the May 19 hearing is

25

not sufficient to allow for full briefing by counsel and review by the Court.

26

IT IS SO ORDERED.

27
28

Dated: May 5, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE