Biogenex Laboratories v. Axis Diagnostics, Inc.

Filing 18

ORDER re 11 MOTION for Default Judgment by the Court as to Axis Diagnostics, Inc. filed by Biogenex Laboratories. Supplemental briefing due by 4/4/2013. Opposition or statement of non-opposition due by 4/11/2013. Motion Hearing set for 4/18/2013 11:00 AM before Magistrate Judge Donna M. Ryu.. Signed by Magistrate Judge Donna M. Ryu on 03/21/13. (dmrlc2, COURT STAFF) (Filed on 3/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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BIOGENEX LABORATORIES,

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Plaintiff(s),
v.

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AXIS DIAGNOSTICS INC,

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No. C-12-06313 DMR
ORDER TO FILE SUPPLEMENTAL
BRIEFING TO MOTION FOR
DEFAULT JUDGMENT,
VACATING PREVIOUSLY-NOTICED
HEARING DATE, AND SETTING
HEARING DATE ON THE MOTION

Defendant(s).
___________________________________/

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On March 5, 2013, Plaintiff filed a motion for default judgment. [Docket No. 11.] Having

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reviewed that motion, this court determines that Plaintiff did not brief its entitlement to the entry of

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default judgment pursuant to the factors enumerated in the Ninth Circuit’s decision in Eitel v.

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McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Plaintiff did not brief the issue of this court’s

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personal jurisdiction over Defendant. Plaintiff’s accounting of its attorneys’ fees and costs does not

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separate the fees incurred by each attorney and legal assistant, nor the attorneys’ fees from the costs.

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Furthermore, Plaintiff did not brief how it arrived at its calculation of prejudgment interest.

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Plaintiff shall submit additional briefing by April 4, 2013, to address the above deficiencies

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in the motion for default judgment. Any opposition or statement of non-opposition is due no later

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than April 11, 2013.

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Please be advised that the previously-noticed hearing date on the motion of April 11, 2013 at

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11 a.m. has been vacated. You are hereby notified that the hearing on the motion is set for April 18,

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2013 at 11 a.m. the U.S. District Court, 1301 Clay Street, Oakland, California 94612. For

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courtroom number and floor information, please check the Court’s on-line calendar at

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http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly Calendars” link, then select Judge

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Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at [phone], one week

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prior to the scheduled hearing.

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Immediately upon receipt of this Order, Plaintiff shall serve Defendants with a copy of this
Order and file a proof of service with the court.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: March 21, 2013

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DONNA M. RYU
United States Magistrate Judge

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