Wright et al v. Bloom et al

Filing 140

ORDER SETTING BRIEFING SCHEDULE AND RESETTING HEARING RE MOTION FOR DEFAULT JUDGMENT AGAINST DIFONA COMMUNICATION GMBH re 135 First MOTION for Default Judgment by the Court as to Second Amended Complaint filed by Vern Wright. Signed by Judge Alsup on 7/22/2013. (whalc2, COURT STAFF) (Filed on 7/22/2013)

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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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No. C 12-00746 WHA

VERN WRIGHT, JUNE WRIGHT, and
SUPERANTENNA CORPORATION,
Plaintiffs,

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v.
MICHAEL BLOOM, JAIMEE BLOOM,
KINGSBRIDGE CORPORATION, OFFSHORE
SOLUTIONS, INC., SINOTECH
CORPORATION, DIFONA
COMMUNICATION GMBH, BULLIVANT
HOUSER BAILEY PC, and DOES 1–10,

ORDER SETTING BRIEFING
SCHEDULE AND RESETTING
HEARING RE MOTION FOR
DEFAULT JUDGMENT
AGAINST DIFONA
COMMUNICATION GMBH

Defendants.

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With the exception of plaintiffs’ claims against defendant Difona Communication

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GMBH, the parties have settled this action and all claims and counterclaims have been

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dismissed. By order dated June 11, counsel for Difona’s motion to withdraw and counsel was

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granted (Dkt. No. 131). Counsel for Difona were ordered to promptly give notice to Difona that

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existing counsel had been allowed to withdraw and to have new counsel appear for Difona by

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July 8, 2013. They were also required to inform Difona that failure to do so would likely result

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in default being entered against Difona. The order further stated that, as soon as the July 8

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deadline has passed, if new counsel had not appeared for Difona, plaintiffs could make a motion

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for default judgment by July 18, 2013.

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No counsel appeared for Difona. On July 18, plaintiffs filed a motion for default

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judgment against Difona. Contrary to the local rules, however, plaintiffs failed to notice the

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motion hearing for a date at least 35 days out on the undersigned judge’s civil law and motion

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calendar. Plaintiffs’ counsel later renoticed the motion for August 27, a date on which the Court

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is unavailable. Accordingly, the following schedule is hereby set: defendant Difona’s

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opposition or statement of non-opposition is due by August 2. Plaintiffs’ reply, if any, is due by

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August 9. The hearing on the motion for default judgment is hereby set for AUGUST 22 AT 8:00

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A.M.

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counsel, who shall forward the order via email to Difona.

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For the Northern District of California

United States District Court

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Plaintiffs’ counsel must serve this order forthwith on Difona and Difona’s previous

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IT IS SO ORDERED.

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Dated: July 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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