Martinez et al v. Aero Caribbean et al

Filing 78

ORDER RE POTENTIAL MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT. Signed by Judge Alsup on 3/31/2014. (whalc2S, COURT STAFF) (Filed on 3/31/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LORENZO MENDOZA MARTINEZ,
ELIU MENDOZA, ELIEZER MENDOZA
MARTINEZ, and GLORIA MARTINEZ
MONTES,

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No. C 11-03194 WHA

Plaintiffs,
v.

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AERO CARIBBEAN, EMPRESA
AEROCARIBBEAN S.A., CUBANA DE
AVIACION S.A., and GIE AVIONS DE
TRANSPORT REGIONAL,

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ORDER RE POTENTIAL
MOTION FOR ENTRY OF
DEFAULT AND DEFAULT
JUDGMENT

Defendants.

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/

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Following the order dated February 11 (Dkt. No. 76), plaintiffs submit proof of delivery

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of the summons and complaint via DHL delivery to the Cuban defendants, with “proof of

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delivery” documents included (Dkt. No. 77). In that submission, plaintiffs ask that their earlier

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motion for entry of default and default judgment “now be granted or, in the alternative,

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[p]laintiffs be permitted to re-file the motion,” if the Cuban defendants do not appear in this

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action within 21 days after service. Of note, plaintiffs’ earlier motion was already denied by an

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order dated January 28 (Dkt. No. 74).

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Accordingly, the earlier motion will not be reopened. Plaintiffs, however, may move for

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entry of default from the Clerk, before filing with the undersigned judge any fresh motion for

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entry of default and/or default judgment, noticed on the regular 35-day track.

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IT IS SO ORDERED.
Dated: March 31, 2014.

WILLIAM ALSUP