Operating Engineers Pension Trust Fund et al v. Terrasearch et al

Filing 38

ORDER SETTING STATUS CONFERENCE. Signed by Judge Beeler on 5/26/2011. (lblc1, COURT STAFF) (Filed on 5/26/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
OPERATING ENGINEERS PENSION
TRUST FUND, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
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No. C 10-04964 SBA (LB)
ORDER SETTING STATUS
CONFERENCE

v.
[ECF No. 18]

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TERRASEARCH, et al.,

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Defendants.
_____________________________________/

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At the May 26, 2011 hearing on Plaintiffs’ motion for default judgment, ECF No. 18,

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Terrasearch made its initial appearance. Terrasearch’s counsel orally requested an opportunity to

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file a motion to vacate the default and to oppose default judgment.

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Given this development, the court defers its report and recommendation on Plaintiffs’ motion for

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default judgment. See United States v. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (standard for

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setting aside entry of default). Defendants’ counsel will file his motion before the district court.

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Given the procedural posture of this default judgment case (including prior written and telephone

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communications with Defendants and personal service on them), the court sets a status conference

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for June 23, 2010 at 10:30 a.m. on its regular case management calendar in Courtroom 4, 1301 Clay

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Street, Oakland, California. See Declaration of Shaamini A. Babu, ECF No. 19 at 3, ¶ 12, and ECF

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No. 29-1 at 3 (client billing records showing calls on December 14, 2010 and April 28, 2011 about

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default judgment and need for counsel). If the case is proceeding before Judge Armstrong, or if the

C 10-04964 SBA (LB)
ORDER SETTING STATUS CONFERENCE

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briefing schedule means that another date makes more sense, the parties may alter this date by

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stipulation after considering the court’s online calendar.

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IT IS SO ORDERED.
Dated: May 26, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 10-04964 SBA (LB)
ORDER SETTING STATUS CONFERENCE

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