Bush v. Sunnyvale Department of Public Safety
Filing
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ORDER re Motion for Default Judgment. Signed by Judge Lucy H. Koh on 7/23/2012. (lhklc1S, COURT STAFF) (Filed on 7/23/2012) (Additional attachment(s) added on 7/23/2012: # 1 certificate of mailing) (mpb, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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JAMES ALAN BUSH,
Plaintiff,
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v.
SUNNYVALE DEPARTMENT OF PUBLIC
SAFETY, et al.,
Defendants.
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Case No.: 5:08-CV-01354-LHK
ORDER RE MOTION FOR DEFAULT
JUDGMENT
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On April 10, 2012, the Court granted Plaintiff James Alan Bush’s (“Plaintiff”) motion for
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entry of default against Defendant Long Than Cao (“Cao”). ECF No. 196. Among other things,
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the Court ordered Plaintiff to file a motion for default judgment within 45 days of the Clerk’s entry
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of default. Id. On April 11, 2012, the Clerk entered default and mailed to Plaintiff via U.S. mail a
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copy of the notice of entry of default. See ECF No. 197. Thus, Plaintiff’s motion for default
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judgment was due May 28, 2012. As of the date of this Order, Plaintiff has not filed a motion for
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default judgment. However, the Court notes that there is no certificate of mailing associated with
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the April 10, 2012 Order, which indicates that Plaintiff may not have received a copy of the April
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10, 2012 Order. Accordingly, Plaintiff is given leave until August 23, 2012 to file a motion for
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default judgment. Plaintiff’s failure to file a motion for default judgment by August 23, 2012 will
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result in a dismissal with prejudice for failure to prosecute. A case management conference
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Case No.: 5:08-CV-01354-LHK
ORDER RE MOTION FOR DEFAULT JUDGMENT
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remains set for September 5, 2012, at 1:30 p.m. The Clerk shall mail to Plaintiff a copy of this
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Order and the April 10, 2012 Order granting Plaintiff’s motion for entry of default.
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IT IS SO ORDERED.
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Dated: July 23, 2012
_________________________________
LUCY H. KOH
United States District Judge
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United States District Court
For the Northern District of California
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Case No.: 5:08-CV-01354-LHK
ORDER RE MOTION FOR DEFAULT JUDGMENT
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