Witherspoon v. Green et al

Filing 57

ORDER GRANTING DEFENDANT CARLA GREEN'S 42 MOTION TO SET ASIDE ENTRY OF DEFAULT, and GRANTING IN PART AND DENYING IN PART DEFENDANT GREEN'S REQUEST TO CONTINUE THE TRIAL AND REOPEN DISCOVERY. Signed by Judge Claudia Wilken on 12/27/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/27/2011)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7
8

ERIC WITHERSPOON, professionally
known as DORIAN MOOR, an
individual,

9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20

Plaintiff,
v.
CARLA GREEN, an individual;
KARRYL SMITH, an individual;
CARLA GREEN and KARRYL SMITH,
professionally known as THE
CONSCIOUS DAUGHTERS; OSCAR JEROME
JACKSON, JR., professionally
known as PARIS, an individual;
GUERRILLA FUNK RECORDINGS AND
FILM WORKS, LLC, a California
limited liability company;
FONTANA DISTRIBUTION, LLC, a
Delaware limited liability
company; STEVEN ANDERSON, also
known as STEVEN KING, an
individual; and DOES 1 through
200, inclusive ,

No. C 10-3722 CW
ORDER GRANTING
DEFENDANT CARLA
GREEN'S MOTION TO
SET ASIDE ENTRY OF
DEFAULT, and
GRANTING IN PART
AND DENYING IN
PART DEFENDANT
GREEN'S REQUEST TO
CONTINUE THE TRIAL
AND REOPEN
DISCOVERY (Docket
No. 42)

Defendants.
________________________________/

21
22

For the reasons explained at the December 22, 2011 hearing,

23

the Court grants Defendant Carla Green's motion to set aside entry

24

of default against her and her request to continue the trial.

25

Docket No. 42.

26

19, 2012 at 8:30 am.

27

motions.

28

on March 7, 2012 at 2:00 pm.

The five day jury trial is reset to begin on March
The Court will not entertain any dispositive

The parties shall appear for a final pretrial conference
Deadlines and requirements related

1

to the pretrial conference are provided in the Court's standing

2

order for pretrial preparation.

3

Discovery in this case is reopened on a limited basis.

4

may submit limited discovery requests, which shall be served on

5

Witherspoon on or before January 3, 2012.

6

discovery are limited to five requests for the production of

7

documents, five requests for admissions, five interrogatories and

8

a deposition of Witherspoon, not to exceed four hours.

9

Witherspoon shall respond to Green's written discovery requests on

Green

Green's requests for

United States District Court
For the Northern District of California

10

or before February 3, 2012.

11

for late disclosure of an expert witness.

12

discovery requests in keeping with the rules set forth in the

13

Federal Rules of Civil Procedure.

If necessary, Green may file a motion
Witherspoon may submit

14

Finally, for settlement purposes, this case is referred to

15

Magistrate Judge Maria Elena James, with the understanding that

16

she previously handled a discovery dispute is this action.

17

parties shall appear for a settlement conference with Judge James

18

at the convenience of her calendar.

19

The

The claims against Karryl Smith and Steven Anderson are

20

dismissed because they were never served with the summons and

21

complaint.

22

Docket No. 7.

IT IS SO ORDERED.

23
24
25

Dated: 12/27/2011

CLAUDIA WILKEN
United States District Judge

26
27
28
2