Laface Records LLC et al v. Doe #4

Filing 42

ORDER. Signed by Judge ARMSTRONG on 12/10/08. (lrc, COURT STAFF) (Filed on 12/11/2008)

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Dawniell Zavala (State Bar No. 253130) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

Attorney for Plaintiffs LAFACE RECORDS LLC; ELEKTRA ENTERTAINMENT GROUP INC.; UMG RECORDINGS, INC.; and WARNER BROS. RECORDS INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION LAFACE RECORDS LLC, a Delaware limited liability company; ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; UMG RECORDINGS, INC., a Delaware corporation; and WARNER BROS. RECORDS INC., a Delaware corporation, Plaintiffs, v. JENNIFER LYNN GLASS, Defendant. Case No.: 4:07-cv-04847-SBA Hon. Sandra Brown Armstrong EX PARTE APPLICATION TO VACATE CASE MANAGEMENT CONFERENCE AND ORDER

EX PARTE APPLICATION TO VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. 4:07-cv-04847-SBA
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Plaintiffs respectfully request that the Court vacate the case management conference set for December 18, 2008 at 2:30 p.m. Defendant was served with the Summons and Complaint on August 9, 2008, by substitute service. To date, Defendant has failed to file an answer or otherwise respond to the Complaint. Plaintiffs sent a letter to Defendant on September 3, 2008 regarding her failure to file an answer, but Defendant did not respond to this letter. Accordingly, Plaintiffs filed their Request to Enter Default on September 12, 2008. Unfortunately, this Request was denied, as the Proof of Service of the Summons and Complaint was incomplete. Plaintiffs re-filed their Request to Enter Default on October 6, 2008 and attached an Amended Proof of Service indicating the address at which Defendant had received substitute service, and also indicating that Defendant been served by mail at the address where substitute service was performed. The clerk entered default against Defendant on October 9, 2008 and Plaintiffs served Defendant with a copy of the Clerk's Entry of Default on the same day. Plaintiffs then filed their Motion for Default Judgment against Defendant on October 30, 2008, and a hearing as to this Motion is currently set for January 20, 2009 at 1:00 p.m. Thus, there appears to be no need for a case management conference at this time. Accordingly, Plaintiffs respectfully request that the Court vacate the case management conference set for December 18, 2008 at 2:30 p.m.

Dated: December 8, 2008

HOLME ROBERTS & OWEN LLP

By: _________/s/ Dawniell Alise Zavala___ DAWNIELL ALISE ZAVALA Attorney for Plaintiffs

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EX PARTE APPLICATION TO VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. 4:07-cv-04847-SBA
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 12/10/08 Good cause having been shown:

ORDER

IT IS ORDERED that the case management conference currently set for December 18, 2008, at 2:30 p.m., is hereby vacated.

Honorable Saundra Brown Armstrong United States District Judge

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EX PARTE APPLICATION TO VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. 4:07-cv-04847-SBA
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