McKinzie v. Faber

Filing 8

ORDER DIRECTING PETITIONER TO NOTICE MOTION FOR HEARING AND SERVE NOTICE AND MOTION ON RESPONDENT. McKinzie is directed to file an amended notice of motion, setting the matter for hearing for a date not less than 35 days after service of the motion, serve the amended notice and supporting documents on Faber, and file, no later than February 17, 2012, proof of such service. Signed by Judge Maxine M. Chesney on January 11, 2012. (mmclc1, COURT STAFF) (Filed on 1/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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DONNA MCKINZIE,
Petitioner,

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No. C-11-80303 MMC MISC
ORDER DIRECTING PETITIONER TO
NOTICE MOTION FOR HEARING AND
SERVE NOTICE AND MOTION ON
RESPONDENT

v.

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DANE STEPHEN FABER,

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Respondent.
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Before the Court are petitioner Donna McKinzie’s (“McKinzie”) “Notice of Motion to
Hold Dane Stephen Faber in Contempt of Court for Failure to Comply with June 2009
Restitution Order,” Memorandum of Points and Authorities in support thereof, Request for
Judicial Notice, and the Declaration of Catosha L. Wood, each filed December 22, 2011.1
The record does not reflect that McKinzie has served the motion on respondent
Dane Stephen Faber, nor has McKinzie noticed the motion for hearing.
Accordingly, McKinzie is hereby DIRECTED to (1) file an amended notice of motion,
setting the matter for hearing on the Court’s calendar for a date “not less than 35 days after
service of the motion,” see Civil L.R. 7-2(a), and (2) serve the amended notice and
supporting documents on Faber. McKinzie is further DIRECTED to file, no later than

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The matter was reassigned to the undersigned on January 9, 2012.

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February 17, 2012, proof of such service; if McKinzie fails to timely file said proof of

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service, the motion will be denied without prejudice.

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IT IS SO ORDERED.

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Dated: January 11, 2012
MAXINE M. CHESNEY
United States District Judge

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