Gemvision Corporation, LLC v. Zeidler et al

Filing 37

ORDER VACATING HEARING RE: MOTION FOR DEFAULT JUDGMENT; ORDER DIRECTING DEFENDANT TO FILE MOTION TO SET ASIDE DEFAULT. Signed by Judge Maria-Elena James on 7/15/2011. (cdnS, COURT STAFF) (Filed on 7/15/2011) (Additional attachment(s) added on 7/15/2011: # 1 Certificate of Service) (cdnS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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Northern District of California

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GEMVISION CORPORATION, LLC,

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Plaintiff,
v.

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No. C 10-05581 PJH (MEJ)
ORDER VACATING HEARING RE
MOTION FOR DEFAULT
JUDGMENT

LARRY ZEIDLER,
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendant.
_____________________________________/

ORDER DIRECTING DEFENDANT
TO FILE MOTION TO SET ASIDE
DEFAULT

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The above-captioned case was referred to Magistrate Judge Maria-Elena James to prepare a

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report and recommendation on Plaintiff's pending Motion for Default Judgment. (Dkt. #27.)

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However, Defendant Larry Zeidler has now filed an opposition to Plaintiff’s motion, as well as what

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appears to be a motion to dismiss Plaintiff’s complaint. (Dkt. #36.) As default has been entered

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against Defendant Zeidler, he may not appear in this matter unless good cause is established to set

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aside default pursuant to Federal Rule of Civil Procedure 55(c). Accordingly, the Court VACATES

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the August 11, 2011 hearing on Plaintiff’s motion for default judgment. Defendant Zeidler shall file

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a motion to set aside default pursuant to Rule 55(c). Said motion shall be noticed for a hearing

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pursuant to Civil Local Rule 7 before the presiding judge, the Honorable Phyllis J. Hamilton.

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IT IS SO ORDERED.

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Dated: July 15, 2011
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Maria-Elena James
Chief United States Magistrate Judge