Circuito Cerrado, Inc. v. Huinac Garcia

Filing 15

ORDER VACATING July 11 hearing re 12 Order to Show Cause; setting hearing on motion for default judgment. Signed by Judge James ware on July 1, 2011. (jwlc2, COURT STAFF) (Filed on 7/1/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 10-02558 JW

Circuito Cerrado, Inc.,

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ORDER VACATING JULY 11 HEARING;
SETTING HEARING ON MOTION FOR
DEFAULT JUDGMENT

Plaintiff,
v.

For the Northern District of California

United States District Court

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Edgar D. Huinac Garcia, d.b.a. Frida Bar,
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Defendant.
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/

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On September 2, 2010, Plaintiff filed a Request to Enter Default in this case. (See Docket
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Item No. 6.) On September 7, 2010, the Clerk entered Default as requested by Plaintiff. (See
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Docket Item No. 10.) Since that time, there was no further activity in this case, as reflected by the
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docket. Accordingly, on June 17, 2011, the Court issued an Order to Show Cause re. Dismissal.
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(See Docket Item No. 12.) The Court ordered Plaintiff to appear on July 11, 2011 to show cause,
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by actual appearance in Court and by certification filed with the Court on or before July 1, 2011,
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why this case should not be dismissed for lack of prosecution. (Id. at 1.)
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Plaintiff failed to file the certification required by the Court’s Order to Show Cause. Instead,
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on June 23, 2011, Plaintiff filed a Motion for Default Judgment.1 (See Docket Item No. 13.)

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Plaintiff noticed its Motion for August 1, in disregard of the Court’s calendar, which would
have informed it that the Court was unavailable on that date. Subsequently, Plaintiff filed an
Amended Notice of Hearing noticing its Motion for October 3, 2011. (See Docket Item No. 14.)

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Although Plaintiff failed to comply with the Court’s Order to Show Cause, the Court

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VACATES the July 11 hearing on its Order, in light of Plaintiff’s filing of its Motion for Default

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Judgment.

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The hearing on Plaintiff’s Motion for Default remains on October 3, 2011 at 9 a.m. as

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renoticed. Plaintiff shall timely serve this Motion on Defendant and file the appropriate certificate

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of service with the Court.

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Dated: July 1, 2011
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Thomas Peter Riley [e-mail]

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Dated: July 1, 2011

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy