Princeton Developments, LLC v. Baylor et al

Filing 149

ORDER REGARDING DEFENDANT BALDASSARIS AMENDED MOTION TO VACATE ENTRY OF DEFAULT. Signed by Judge Claudia Wilken on 3/28/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 3/28/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 KUMAN BANQUE, LLC, 5 Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 v. BRYNEE K. BAYLOR; BAYLOR & JACKSON, PLLC; THE MILAN GROUP, INC.; SUSAN KEVRA-SHINER, as Executrix for the estate of Frank Lorenzo Pavlico III; GPH HOLDINGS, LLC; PATRICK LEWIS; BRETT A. COOPER; DAWN R. JACKSON; SUSAN C. KEVRA; MIA C. BALDASSARI; ELMO BALDASSARI; THE LAW OFFICE OF SUSAN C. KEVRA; and DOES 1-50, No. C 11-4472 CW ORDER REGARDING DEFENDANT BALDASSARI’S AMENDED MOTION TO VACATE ENTRY OF DEFAULT Defendants. ________________________________/ On March 8, 2013, Defendant Mia C. Baldassari filed a motion 15 to vacate the default entered against her. Docket No. 129. On 16 March 12, 2013, Plaintiff Kuman Banque opposed her motion on the 17 sole ground that she did not an affidavit, declaration or other 18 admissible evidence in support of her factual contentions. Docket 19 No. 130. On March 18, 2013, Baldassari filed and served an 20 amended motion and supporting declaration, which were correctly 21 titled with this case name but contained an incorrect case number, 22 that of the related case that has now been closed. As a result, 23 these documents were not entered into the docket of this case and 24 were instead incorrectly filed in the docket of the related case 25 only. See Docket No. 148 in 11-4471. 26 The Court ORDERS the Clerk to remove Docket No. 148 from Case 27 No. 11-4471 and re-file it in the instant case. 28 Plaintiff shall 1 file any further opposition to Baldassari’s motion, contained in a 2 brief of five pages or less, within seven days of the date of this 3 Order. 4 objections to the motion must be contained within the opposition 5 brief. 6 Plaintiff is reminded that any evidentiary and procedural See Civil Local Rule 7-3(a). IT IS SO ORDERED. 7 8 9 Dated: 3/28/2013 CLAUDIA WILKEN United States District Judge 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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