Sequoia Sales, Inc. v. P.Y. Produce, L.L.C. et al

Filing 68

ORDER REGARDING PLAINTIFFS CLAIMS AGAINST CHOPPERS PRODUCE, LLC. Signed by Judge Claudia Wilken on 5/19/2011. (ndr, COURT STAFF) (Filed on 5/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SEQUOIA SALES, INC.,

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Plaintiff,

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No. C 10-5757 CW
ORDER REGARDING
PLAINTIFF’S
CLAIMS AGAINST
CHOPPER’S
PRODUCE, LLC

v.
P.Y. PRODUCE, LLC; JOSE GOMEZ; and
CHOPPER’S PRODUCE, LLC,

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Defendants.
/

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United States District Court
For the Northern District of California

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On April 13, 2011, the Clerk entered default against

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Defendants P.Y. Produce, LLC, and Chopper’s Produce, LLC.

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Plaintiff Sequoia Sales, Inc., was directed to seek default

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judgment against these Defendants within thirty days of the Clerk’s

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entry of default.

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On April 20, 2011, Chopper’s Produce filed an answer.

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However, it has not moved to set aside the Clerk’s entry of

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default.

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against P.Y. Produce, but not against Chopper’s Produce.

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On May 17, 2011, Plaintiff moved for default judgment

Within seven days of the date of this Order, Chopper’s Produce

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may move to set aside the entry of default against it.

If it does

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so, Plaintiff shall respond to Chopper’s Produce’s motion seven

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days thereafter.

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seven days after Plaintiff files its response.

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aside the entry of default will be decided on the papers.

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Chopper’s Produce fails to move, Plaintiff shall move for default

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judgment against Chopper’s Produce within fourteen days of the date

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of this Order.

Any reply by Chopper’s Produce shall be filed
Any motion to set
If

Plaintiff’s failure to do so will result in the

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dismissal of its claims against Chopper’s Produce for failure to

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prosecute.

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Defendant Jose Gomez is currently in bankruptcy proceedings.

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Accordingly, Plaintiff’s claims against him are stayed.

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§ 362(a).

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the case, the Clerk shall administratively close the case against

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him.

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11 U.S.C.

Once a disposition has been reached on the remainder of

IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated:

5/19/2011
CLAUDIA WILKEN
United States District Judge

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