Bush v. Sunnyvale Department of Public Safety

Filing 199

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 JAMES ALAN BUSH, Plaintiff, 12 13 14 15 v. SUNNYVALE DEPARTMENT OF PUBLIC SAFETY, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 5:08-CV-01354-LHK ORDER RE MOTION FOR DEFAULT JUDGMENT 17 On April 10, 2012, the Court granted Plaintiff James Alan Bush’s (“Plaintiff”) motion for 18 entry of default against Defendant Long Than Cao (“Cao”). ECF No. 196. Among other things, 19 the Court ordered Plaintiff to file a motion for default judgment within 45 days of the Clerk’s entry 20 of default. Id. On April 11, 2012, the Clerk entered default and mailed to Plaintiff via U.S. mail a 21 copy of the notice of entry of default. See ECF No. 197. Thus, Plaintiff’s motion for default 22 judgment was due May 28, 2012. As of the date of this Order, Plaintiff has not filed a motion for 23 default judgment. However, the Court notes that there is no certificate of mailing associated with 24 the April 10, 2012 Order, which indicates that Plaintiff may not have received a copy of the April 25 10, 2012 Order. Accordingly, Plaintiff is given leave until August 23, 2012 to file a motion for 26 default judgment. Plaintiff’s failure to file a motion for default judgment by August 23, 2012 will 27 result in a dismissal with prejudice for failure to prosecute. A case management conference 28 1 Case No.: 5:08-CV-01354-LHK ORDER RE MOTION FOR DEFAULT JUDGMENT 1 remains set for September 5, 2012, at 1:30 p.m. The Clerk shall mail to Plaintiff a copy of this 2 Order and the April 10, 2012 Order granting Plaintiff’s motion for entry of default. 3 IT IS SO ORDERED. 4 Dated: July 23, 2012 _________________________________ LUCY H. KOH United States District Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 5:08-CV-01354-LHK ORDER RE MOTION FOR DEFAULT JUDGMENT

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