J & J Sports Productions, Inc. v. Anabo, Jr.
Filing
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Notice of Reference and Order re Motion Procedures, Order to Submit Further Briefing to Support Motion for Default Judgment, ORDER Setting Hearing on 18 MOTION for Default Judgment by the Court as to Defendant Artgel Fernando Anabo, Jr., individually and d/b/a Lucky Three Seven Restaurant: Motion Hearing set for 11/10/2016 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 08/08/2016. (dmrlc1, COURT STAFF) (Filed on 8/8/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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J & J SPORTS PRODUCTIONS, INC.,
Case No. 16-cv-02062-JSW (DMR)
Plaintiff,
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v.
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ARTGEL FERNANDO ANABO, JR.,
Defendant.
United States District Court
Northern District of California
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NOTICE OF REFERENCE AND
ORDER RE MOTION PROCEDURES;
ORDER TO SUBMIT FURTHER
BRIEFING TO SUPPORT MOTION
FOR DEFAULT JUDGMENT
TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter has been referred to the undersigned for a Report and Recommendation
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on Plaintiff’s motion for default judgment. [Docket No. 18.] Please be advised that the noticed
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date for the motion filed before the District Court prior to this referral is no longer in effect. You
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are hereby notified that the hearing is rescheduled for November 10, 2016 at 11:00 a.m. 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
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Judge Ryu’s calendar).
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Having reviewed the motion for default judgment, this court determines that Plaintiff did
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not brief its entitlement to the entry of default judgment pursuant to the factors enumerated in the
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Ninth Circuit’s decision in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Plaintiff
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shall submit additional briefing by August 26, 2016 to address the above deficiency in the motion
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for default judgment. Any opposition or statement of non-opposition is due no later than
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September 9, 2016.
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Parties shall comply with the procedures in this order, the Federal Rules of Civil
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Procedure, and the Northern District of California’s Local Rules, General Orders, and Standing
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Orders. Local rules, general orders, standing orders, and instructions for using the Court's
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Electronic Case Filing system are available at http://www.cand.uscourts.gov. Failure to comply
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with any of the rules or orders may be a ground for sanctions.
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LAW AND MOTION PROCEDURES
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1. Civil motions are heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil
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case management conferences are heard on Wednesdays at 1:30 p.m. Civil pretrial
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conferences are heard on Wednesdays at 3:00 p.m. Parties must notice motions (other than
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discovery motions) pursuant to the local rules. Parties need not reserve a hearing date, but
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should confirm the court’s availability at http://www.cand.uscourts.gov. The court may reset
hearing dates as the court’s calendar requires. For scheduling questions, please call Judge
Ryu’s courtroom deputy, Ivy Garcia, at (510) 637-3639.
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United States District Court
Northern District of California
2. All filings of documents relating to motions referred to Magistrate Judge Ryu shall list the
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civil case number and the district court judge’s initials followed by the designation “(DMR).”
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3. The court has found that it is often efficient and beneficial for the parties if counsel appear in
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person at hearings. For this reason, the court expects counsel to appear in person, unless they
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make a prior application showing good cause as to why the court should permit a telephonic
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appearance. Permission for a party to attend by telephone may be granted, in the court's
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discretion, upon written request made at least one week in advance of the hearing, if the court
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determines that good cause exists to excuse personal attendance, and that personal attendance
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is not needed in order to have an effective hearing. The facts establishing good cause must be
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set forth in the request.
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CHAMBERS COPIES AND PROPOSED ORDERS
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4. Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain
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filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and
submit it to the Oakland Clerk’s Office.
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5. Any stipulation or proposed order submitted by an e-filing party shall be submitted by email to
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dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is
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e-filed. This address should only be used for this stated purpose unless otherwise directed by
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the court.
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Immediately upon receipt of this Order, Plaintiff shall serve Defendant with a copy of
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this Order and file a proof of service with the court.
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S
UNIT
ED
IT IS SO ORDERED.
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Dated: August 8, 2016
ER
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United States District Court
Northern District of California
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Judge D
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Donna M. Ryu
United States Magistrateu
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