Smaato, Inc. v. Mobilewalla, Inc.

Filing 17

ORDER by Magistrate Judge Jacqueline Scott Corley denying 7 Motion for Writ. (ahm, COURT STAFF) (Filed on 11/14/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SMAATO, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No.16-cv-05162-JSC

v.
MOBILEWALLA, INC.,
Defendant.

ORDER DENYING MOTION FOR
WRIT OF ATTACHMENT WITHOUT
PREJUDICE
Re: Dkt. No. 7

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Plaintiff Smaato, Inc., filed this civil action against Defendant Mobiewalla, Inc., on

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September 7, 2016. The day after Plaintiff filed the action, it filed a motion for writ of attachment

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pursuant to California Code of Civil Procedure Section 483.010 and noticed the motion for

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hearing on October 27, 2016. (Dkt. No. 7.) After Defendant failed to timely appear or respond to

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service of the summons and complaint, Plaintiff filed a motion for default judgment by the clerk

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and requested that the Court continue the hearing on the application for a writ of attachment until

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November 10, 2016 anticipating a ruling on the motion for default judgment in advance of the

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hearing. (Dkt. Nos. 12 & 13.) The Court granted the request, but due to an electronic filing error

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the motion for default judgment was not decided before November 10. Plaintiff did not appear for

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the rescheduled hearing on November 10, 2016. Given Plaintiff’s stated preference to proceed

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with default judgment in lieu of the writ of attachment, the Court DENIES the motion for writ of

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attachment without prejudice.

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IT IS SO ORDERED.
Dated: November 14, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge