Joe Hand Promotions Inc v. Reyes

Filing 22

ORDER re 14 MOTION for Default Judgment. As Defendant Reyes appeared in court on May 24, 2012, he is advised to file a motion to set aside default. Signed by Judge Maria-Elena James on 5/24/2012. (cdnS, COURT STAFF) (Filed on 5/24/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 Northern District of California 9 10 JOE HAND PROMOTIONS, INC., Plaintiff, 11 ORDER RE: PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT 12 For the Northern District of California UNITED STATES DISTRICT COURT v. No. C 11-6334 CW (MEJ) MIULER REYES, Re: Docket No. 14 13 14 Defendant. _____________________________________/ 15 16 On April 10, 2012, the Court scheduled this matter for a hearing on May 24, 2012 regarding 17 Plaintiff’s Motion for Default Judgment. The Court subsequently vacated the hearing after Plaintiff 18 failed to file proposed findings of fact and conclusions of law. However, Defendant Miuler Reyes 19 appeared in court on May 24, 2012, unaware that the hearing had been vacated. As default has been 20 entered against Defendant Reyes, he is hereby advised that, prior to making any appearance in this 21 case, he must file a motion before the presiding judge, the Honorable Claudia Wilken, to set aside 22 default pursuant to Federal Rule Civil Procedure 55(c). Rule 55(c) provides that a court may set 23 aside default for “good cause shown.” In preparing his motion, Defendant should be mindful that 24 courts consider three factors as part of this “good cause” analysis: (1) whether Defendant engaged in 25 culpable conduct that led to the default; (2) whether Defendant have a meritorious defense; or (3) 26 whether reopening the default judgment would prejudice Plaintiff. United States v. Signed Pers. 27 Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (citation omitted). 28 The undersigned advises Plaintiff that he may wish to seek assistance from the Legal Help 1 Center, located on the 15th Floor of the Federal Building, 450 Golden Gate Avenue, San Francisco, 2 California, in Room 2796, where Plaintiff may sign up for a free appointment with an attorney who 3 may be able to provide basic legal help, but not legal representation. The telephone number for 4 scheduling an appointment with the Legal Help Center is (415) 782-9000, extension 8657. 5 IT IS SO ORDERED. 6 7 Dated: May 24, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 JOE HAND PROMOTIONS INC et al, Case Number: CV11-06334 CW 4 Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 REYES et al, 7 Defendant. 8 / 9 For the Northern District of California UNITED STATES DISTRICT COURT I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District 10 Court, Northern District of California. 11 That on May 24, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said 12 envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 13 14 Miuler Reyes 196 Atlantic Ave 15 Pittsburg CA 94565 16 Dated: May 24, 2012 17 Richard W. Wieking, Clerk By: Rose Maher, Deputy Clerk 18 19 20 21 22 23 24 25 26 27 28 3

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