United States of America v. Caffe Amici Espresso, LLC

Filing 18

ORDER REQUESTING PLAINTIFF'S RESPONSE TO DEFENDANT'S ANSWER. Signed by Judge William Alsup on 8/9/2010. (whasec, COURT STAFF) (Filed on 8/9/2010)

United States of America v. Caffe Amici Espresso, LLC

Doc. 18

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 On May 26, 2010, plaintiff United States of America filed its complaint for permanent injunction against defendant Caffe Amici Espresso LLC. It sought to enjoin defendant from failing to: (1) withhold federal taxes from employee wages, (2) file timely quarterly federal employment tax returns (Form 941) and annual federal unemployment tax returns (Form 940) with the IRS, (3) timely make federal employment and unemployment tax deposits to a federal depository bank, and (4) timely make federal employment and unemployment payments to the IRS (Compl. ¶ 1). Defendant was served with a copy of the complaint and summons on June 9, and proof of service was filed on July 15 (Newman Decl. ¶¶ 1­2). Plaintiff did not file an answer by the June 30 deadline, and default was entered on July 19 (Dkt. No. 13). On July 21, plaintiff filed motions for default judgment and preliminary injunction. On August 5, defendant finally filed its answer to the complaint (Dkt. No. 17). Proper procedure would have been to set aside the default and then answer. Given that only three weeks have passed since the entry of default, however, it may be more efficient for the v. CAFFE AMICI ESPRESSO LLC, Defendant. / ORDER REQUESTING PLAINTIFF'S RESPONSE TO DEFENDANT'S ANSWER UNITED STATES OF AMERICA, Plaintiff, No. C 10-02310 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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

Court to set aside the default, accept the answer, and redesignate the hearing scheduled for August 26, 2010, as a case management conference. As such, the government is requested to respond by THURSDAY (AUGUST 12) AT NOON as to whether or not the answer moots the pending motions.

IT IS SO ORDERED.

Dated: August 9, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

2