Falconpoint Unlimited, LLC v. Senn et al

Filing 75

ORDER DIRECTING CLERK TO ENTER DEFAULT AS TO KEVIN SENN AND SENN LAW. Falconpoint and the McConvilles may move for default judgment by 11/20/2015. Signed by Judge Nathanael Cousins on 10/30/2015. (lmh, COURT STAFF) (Filed on 10/30/2015)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 FALCONPOINT UNLIMITED, LLC, Plaintiff, 9 10 United States District Court Northern District of California 11 v. KEVIN J. SENN, et al., Defendants. 12 Case No.14-cv-02342-NC 13 14 RANDOLPH MCCONVILLE, MONA MCCONVILLE, 15 16 17 18 19 Cross-Complainants, ORDER DIRECTING CLERK TO ENTER DEFAULT AS TO SENN AND SENN LAW v. KEVIN J. SENN, SENN LAW, a professional corporation, Cross-Defendants. 20 “When a party against whom a judgment for affirmative relief is sought has failed 21 to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk 22 must enter the party’s default.” Fed. R. Civ. P. 55(a). 23 The Court previously issued an order to show cause requiring Senn Law PC to 24 obtain counsel by October 2, 2015. Dkt. No. 68. Additionally, Kevin Senn and Senn Law 25 did not respond to the Court’s order nor the McConvilles’ motion to add a cross-claim. 26 Neither defendant appeared at the summary judgment hearing on August 5, 2015, and 27 neither appeared at the October 7, 2015, case management conference. On October 13, the 28 Court ordered Senn and Senn Law to show cause why default should not be entered by Case No.14-cv-02342-NC 1 October 19, 2015. No response was filed, and no answer to the McConville’s cross-claim 2 has been filed. 3 Thus, the Court directs the clerk of the Court to enter Senn and Senn Law’s default 4 on the claim and cross-claim. Falconpoint and the McConvilles may move for default 5 judgment by November 20, 2015. 6 IT IS SO ORDERED. 7 8 Dated: October 30, 2015 9 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.:14-cv-02342-NC 2

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