Deutsche Bank National Trust Company v. CB Equities, LLC,

Filing 56

ORDER to Submit Supplemental Briefing in Support of 40 MOTION for Default Judgment and to provide exhibits for 32 Amended Complaint. Signed by Judge Donna M. Ryu on 4/7/2016. (dmrlc3, COURT STAFF) (Filed on 4/7/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-03809-DMR
ORDER TO SUBMIT SUPPLEMENTAL
BRIEFING IN SUPPORT OF MOTION
FOR DEFAULT JUDGMENT

v.
CB EQUITIES, LLC, et al.,

Re: Dkt. No. 40

Defendants.

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On February 25, 2016, Plaintiff Deutsche Bank National Trust Company filed a Motion for

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Default Judgment [Docket No. 40.] Having reviewed Plaintiff’s motion, this court determines that

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Plaintiff did not brief its entitlement to the entry of default judgment pursuant to the factors

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enumerated in the Ninth Circuit’s decision in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir.

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1986). Plaintiff’s motion fails to provide any relevant legal authority or analysis to establish its

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case. The motion also does not clearly specify the relief sought.

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Deutsche Bank’s present motion is substantively identical to its prior Motion for Default

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Judgment filed on September 28, 2015 [Docket No. 11], does not comply with the Hon. Kandis A.

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Westmore’s prior order in this case [Docket No. 15], nor does it addressed any of the substantive

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issues identified in the undersigned’s prior order [Docket No. 24] requiring Plaintiff to supplement

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its briefing in support of its prior Motion for Default Judgment.

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Plaintiff is hereby ordered to supplement its briefing in support of its Motion for Default
Judgment [Docket No. 40] to address these deficiencies.
Additionally, Plaintiff’s First Amended Complaint [Docket No. 32] references a number of
exhibits, none of which were filed with the First Amended Complaint.

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Plaintiff shall file its supplemental briefing in support of its Motion for Default Judgment

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[Docket No. 40] and the exhibits referenced in its First Amended Complaint [Docket No. 32] by

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April 13, 2016. Any opposition or statement of non-opposition is due no later than April 18,

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2016.

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Please be advised that the previously-noticed hearing date on the motion of April 14, 2016

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at 11:00 a.m. has been vacated. You are hereby notified that the hearing on the motion is set for

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April 28, 2016 at 11:00 a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California

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94612. For 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

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

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week prior to the scheduled hearing.

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United States District Court
Northern District of California

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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.
Dated: April 7, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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