United States of America v. Approximately $35,040 in United States Currency et al

Filing 36

ORDER re 30 MOTION for Default Judgment by the Court as to (UNITED STATES' MOTION FOR A DEFAULT JUDGMENT) filed by United States of America. Plaintiff shall submit additional briefing by March 29, 2013, to address its entitlement to the entry of default judgment pursuant to the Eitel factors. Any opposition or statement of non-opposition is due no later than April 12, 2013. Motion Hearing set for 4/18/2013 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 03/14/13. (dmrlc2S, COURT STAFF) (Filed on 3/14/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 United States of America, 12 13 14 15 Plaintiff, v. (1) APPROXIMATELY $35,040 IN UNITED STATES CURRENCY, and (2) APPROXIMATELY $36,085 IN UNITED STATES CURRENCY No. C-12-02703-JSW (DMR) ORDER TO FILE SUPPLEMENTAL BRIEFING TO MOTION FOR DEFAULT JUDGMENT, VACATING PREVIOUSLY-NOTICED HEARING DATE, AND SETTING HEARING DATE ON THE MOTION 16 17 Defendants. ___________________________________/ 18 On January 15, 2013, Plaintiff filed a motion for default judgment. [Docket No. 30.] Having 19 reviewed that motion, this court determines that Plaintiff did not brief its entitlement to the entry of 20 default judgment pursuant to the factors enumerated in the Ninth Circuit’s decision in Eitel v. 21 McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). 22 Plaintiff shall submit additional briefing by March 29, 2013, to address its entitlement to the 23 entry of default judgment pursuant to the Eitel factors. Any opposition or statement of non24 opposition is due no later than April 12, 2013. 25 Please be advised that the previously-noticed hearing date on the motion of March 28, 2013 26 at 11 a.m. has been vacated. You are hereby notified that the hearing on the motion is set for April 27 18, 2013 at 11 a.m. the U.S. District Court, 1301 Clay Street, Oakland, California 94612. For 28 1 courtroom number and floor information, please check the Court’s on-line calendar at 2 http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly Calendars” link, then select Judge 3 Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at (510) 637-3639, one week 4 prior to the scheduled hearing. 5 6 Immediately upon receipt of this Order, Plaintiff shall serve Defendants with a copy of this Order and file a proof of service with the court. 7 8 IT IS SO ORDERED. 9 Dated: March 14, 2013 11 For the Northern District of California United States District Court 10 DONNA M. RYU United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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