Kuman Banque, LLC v. Baylor et al

Filing 126

ORDER by Judge Claudia Wilken GRANTING UNOPPOSED 115 MOTION TO SET ASIDE ENTRY OF DEFAULT OF BRYNEE K. BAYLOR (Docket No. 115) AND ADDRESSING FUTURE DATES. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 3/5/2013)

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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 No. C 11-4472 CW ORDER GRANTING UNOPPOSED MOTION TO SET ASIDE ENTRY OF DEFAULT OF BRYNEE K. BAYLOR (Docket No. 115) AND ADDRESSING FUTURE DATES 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, Defendants. ________________________________/ On February 15, 2013, Defendant Brynee K. Baylor filed a 15 motion to set aside the entry of default against her.1 Docket No. 16 115. Baylor represents that she was not aware of the amended 17 pleadings in this action or the case management conferences 18 because the notices were mailed to her former office, from which 19 she had relocated over a year ago. With her motion, Baylor has 20 filed a notice of her change of address and an answer to the first 21 amended complaint. Docket Nos. 114, 116. 22 Plaintiff Kuman Banque, LLC has filed a statement of 23 non-opposition to Baylor’s motion. Docket No. 125. Accordingly, 24 25 1 26 27 28 In her motion, Baylor seeks to vacate a default judgment entered against her pursuant to Federal Rule of Civil Procedure 60(b). However, no judgment has been entered in this action. Accordingly, the Court construes Baylor’s motion as an effort to set aside entry of default pursuant to Federal Rule of Civil Procedure 55(c). 1 the Court GRANTS Baylor’s unopposed motion to set aside entry of 2 default (Docket No. 115). 3 set aside the default of Baylor. 4 The Clerk of the Court is directed to The Court reminds the parties that, pursuant to Civil Local 5 Rule 3-11, if their address changes while this action is pending, 6 they are required to “promptly file with the Court and serve upon 7 all opposing parties a Notice of Change of Address specifying the 8 new address” and that failure to do so in the future may result in 9 the striking of their answer or dismissal of their claims. United States District Court For the Northern District of California 10 The Court maintains the case management dates previously set 11 in this action, except that it sets a further case management 12 conference for July 25, 2013 at 2:00 p.m. to take place alongside 13 the dispositive motion hearing and vacates the case management 14 conference that was previously set for August 7, 2013 at 2:00 p.m. 15 See Docket Nos. 104, 120, 123. 16 conference will take place on July 25, 2013 regardless of whether 17 a dispositive motion is filed. 18 The further case management The case management dates set in this action are applicable 19 to all parties, including Baylor. 20 failure to appear at future court dates, including the July 25, 21 2013 case management conference and motion hearing, may result in 22 the striking of her answer and entry of default against her. 23 The Court warns Baylor that IT IS SO ORDERED. 24 25 26 Dated: 3/5/2013 CLAUDIA WILKEN United States District Judge 27 28 2

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