Joe Hand Promotions, Inc. v. Looney et al

Filing 32

ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE PLAINTIFFS 30 MOTION FOR DEFAULT JUDGMENT AND DIRECTING DEFENDANT HTHREE, LLC TO SHOW CAUSE AS TO WHY A DEFAULT SHOULD NOT BE ENTERED. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 11/3/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 JOE HAND PROMOTIONS, INC., 5 Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 v. KENNETH TEDFORD LOONEY, doing business as Looney’s Smokehouse, also known as Looney’s Smokehouse Bar B Que, and HTHREEO, LLC, an unknown business entity, doing business as Looney’s Smokehouse, also known as Looney’s Smokehouse Bar B Que, ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AND DIRECTING DEFENDANT HTHREE, LLC TO SHOW CAUSE AS TO WHY A DEFAULT SHOULD NOT BE ENTERED (Docket No. 30) Defendants. 12 13 No. C 11-2222 CW ________________________________/ 14 Plaintiff Joe Hand Promotions, Inc. moves for default 15 judgment against Defendants Kenneth Tedford Looney and Hthreeo, 16 LLC. However, default has not been entered against Hthreeo. 17 Therefore, Plaintiff’s motion for default judgment is DENIED 18 without prejudice. 19 Plaintiff has filed a certificate of service showing that 20 Hthreeo was served on June 24, 2011 (Docket No. 14). However, 21 Hthree has not answered or otherwise responded to Plaintiff’s 22 complaint. 23 Accordingly, the Court hereby orders Hthreeo to show cause 24 why default judgment should not be entered against it. If Hthreeo 25 does not respond within ten days of the date of this order, the 26 Court will enter a default in favor of Plaintiff. 27 28 1 2 3 Plaintiff shall renew its motion for default if default is entered against Hthreeo, within thirty days thereafter. IT IS SO ORDERED. 4 5 6 Dated: 11/3/2011 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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