Khokhar v. Yousuf et al

Filing 21

ORDER. To allow time for the plaintiff to file a default-judgment motion, the court vacates the case-management conference now set for July 28 and resets it for October 13 at 9:30 a.m. The plaintiff may notice the default-judgment motion for an earlier date. Signed by Judge Laurel Beeler on 7/25/2016. (lblc1S, COURT STAFF) (Filed on 7/25/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 MOHAMMAD MINHAJ KHOKHAR, 12 Plaintiff, 13 14 15 v. Case No. 15-cv-06043-LB ORDER AMJAD YOUSUF, et al., Defendants. 16 The court understands that the plaintiff filed a motion initially seeking default judgment, see 17 ECF No. 14, but that the motion was subsequently amended to seek only the entry of default 18 against the defendants, see ECF No. 18-1. Now that the clerk has entered default, the plaintiff 19 must renew his motion for default judgment. (See ECF Nos. 18, 18-1). 20 This is the ordinary process for a plaintiff seeking default judgment: first, the plaintiff must 21 move for the entry of default against the defendant; second, the clerk must enter default; third, the 22 plaintiff must move for default judgment either by the clerk or by the court. See Fed. R. Civ. P. 23 55(a), (b). The clerk entered default in this case. (See ECF No. 18.) The next step is for the 24 plaintiff to file a new motion for default judgment. 25 To allow sufficient time for this process, the court vacates the case-management conference 26 now set for July 28 and resets it for October 13 at 9:30 a.m. The plaintiff may notice his default27 judgment motion for an earlier date. 28 ORDER (No. 15-cv-06043-LB) 1 IT IS SO ORDERED. 2 Dated: July 25, 2016 ______________________________________ LAUREL BEELER United States Magistrate Judge 3 4 5 6 7 8 9 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 ORDER (No. 15-cv-06043-LB) 2

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