BMW of North America, LLC et al v. Dinodirect Corp et al

Filing 106

ORDER DENYING MOTION TO VACATE DEFAULT JUDGMENT re 100 Order on Motion to Vacate, 85 MOTION to Vacate 74 Order on Motion for Default Judgment, filed by B2CForce Int'l Corp, Dinodirect China, Ltd, Jianfeng Feng, Dinodirect, Ltd, Dinodirect Corp (whalc1, COURT STAFF) (Filed on 2/1/2013) (Additional attachment(s) added on 2/1/2013: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 BMW OF NORTH AMERICA, LLC, et al., 12 Plaintiffs, 13 14 15 No. C 11-04598 WHA ORDER DENYING MOTION TO VACATE DEFAULT JUDGMENT v. DINODIRECT CORP., et al., Defendants. / 16 17 A prior order conditionally granted defendants’ motion to vacate default judgment 18 subject to certain mandatory conditions (see Dkt. Nos. 73–74, 85, 100). These conditions 19 included defendants making two deponents available for depositions in the U.S. and producing 20 “all responsive documents” pursuant to narrow document requests related to those depositions by 21 January 31. These conditions have not been fulfilled and defendants’ excuses for not fulfilling 22 them are flimsy and not credible. Accordingly, defendants’ motion to vacate default judgment is 23 DENIED. The Clerk SHALL CLOSE THE FILE. 24 25 IT IS SO ORDERED. 26 27 28 Dated: February 1, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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