Princeton Developments, LLC v. Baylor et al

Filing 129

ORDER DIRECTING CLERK TO ENTER DEFAULT AS TO DEFENDANTS BRYNEE K. BAYLOR AND THE MILAN GROUP, INC., ADDRESSING FAILURE TO APPEAR BY DEFENDANT MIA C. BALDASSARI AND ADDITION OF THE EXECUTOR OF DEFENDANT FRANK LORENZO PAVLICOS ESTATE, AND SETTING A CASE MANAGEMENT CONFERENCE. Signed by Judge Claudia Wilken on 1/31/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/31/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 PRINCETON DEVELOPMENTS, LLC, 5 6 7 8 9 United States District Court For the Northern District of California 10 No. C 11-4471 CW Plaintiff, ORDER DIRECTING CLERK TO ENTER DEFAULT AS TO DEFENDANTS BRYNEE K. BAYLOR AND THE MILAN GROUP, INC., ADDRESSING FAILURE TO APPEAR BY DEFENDANT MIA C. BALDASSARI AND ADDITION OF THE EXECUTOR OF DEFENDANT FRANK LORENZO PAVLICO’S ESTATE, AND SETTING A CASE MANAGEMENT CONFERENCE v. BRYNEE K. BAYLOR; BAYLOR & JACKSON, PLLC; THE MILAN GROUP, INC.; FRANK LORENZO; GPH HOLDINGS, LLC; and PATRICK LEWIS, Defendants. ________________________________/ 11 12 13 14 15 KUMAN BANQUE, LLC, Plaintiff, 16 17 18 19 20 21 No. C 11-4472 CW v. BRYNEE K. BAYLOR; BAYLOR & JACKSON, PLLC; THE MILAN GROUP, INC.; and FRANK LORENZO, Defendants. ________________________________/ On January 23, 2013, the Court held a case management 22 conference in the above-captioned cases. 23 Baylor, Mia C. Baldassari and The Milan Group, Inc. failed to 24 appear for that conference personally or through counsel. 25 January 31, 2013, Plaintiffs moved for entry of default by the 26 Clerk as to these three Defendants. 27 11-4471; Docket Nos. 105-107 in 11-4472. 28 Defendants Brynee K. On Docket Nos. 126-128 in 1 After Baylor failed to appear at the last case management 2 conference, the Court warned her that if she did not appear at the 3 next court date personally or through counsel, her default would 4 be entered. 5 on May 2, 2012, the Court warned The Milan Group, Inc. that it 6 could not represent itself and that it would be in default if it 7 failed to appear through counsel and meet its obligations in the 8 litigation. 9 attorney has subsequently entered an appearance on behalf of The Docket Nos. 96 in 11-4471, 82 in 11-4472. Docket Nos. 57 in 11-4471, 37 in 11-4472. Further, No United States District Court For the Northern District of California 10 Milan Group, Inc. 11 Group, Inc. has filed an answer to Plaintiffs’ first amended 12 complaints. 13 default against Brynee C. Baylor and The Milan Group, Inc. in 14 favor of Plaintiffs in the above-captioned cases. 15 In addition, neither Baylor nor The Milan Accordingly, the Court directs the Clerk to enter Baldassari, who is proceeding pro se, was not previously 16 warned that failure to appear would result in her default. 17 the Court denies Plaintiffs’ motion for entry of her default at 18 this time. 19 fails to appear at the future court dates personally or through 20 counsel, her default will be entered. 21 Thus, The Court, however, warns Baldassari that, if she Counsel for Plaintiffs is directed to proceed with the 22 addition of the executor of Defendant Frank Lorenzo Pavlico’s 23 estate by February 7, 2013, or the claims against him will be 24 dismissed. 25 The Court sets a case management conference for February 20, 26 2013 at 2:00 p.m. 27 by telephone. 28 February 20, 2013 case management conference. Counsel for Plaintiffs is authorized to appear Defendant Patrick Lewis need not appear at the 2 Other parties may 1 request a telephone appearance in compliance with the Court’s 2 Notice regarding Telephonic Appearance Procedures, which is 3 available online at http://www.cand.uscourts.gov/cworders. 4 5 6 7 8 The Court maintains the further case management conference currently set for August 7, 2013 at 2:00 p.m. This Order terminates Docket Nos. 126 through 128 in Case No. 11-4471 and Docket Nos. 105 through 107 in Case No. 11-4472. IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 11 Dated: 1/31/2013 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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