craigslist, Inc. v. Doe

Filing 82

ORDER re 65 MOTION to Vacate Judgment filed by Paul Hubert. Signed by Judge James Ware on October 25, 2011. (jwlc3, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 08-05067 JW

craigslist, Inc.,

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ORDER REQUIRING COUNSEL TO
PRODUCE APPROPRIATE WITNESSES
FOR AN EVIDENTIARY HEARING ON
OCTOBER 31, 2011

Plaintiff,
v.

For the Northern District of California

United States District Court

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Paul Hubert,
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Defendant.
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/
Presently before the Court is Defendant’s Motion to Vacate Default Judgment.1 A hearing

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on the Motion is scheduled for October 31, 2011. In his Motion, Defendant contends that the

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Court’s Judgment against him must be vacated because he was never properly served with notice of

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this action. (See Motion at 1.)

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Upon review of the papers submitted to date, the Court finds that an evidentiary hearing is

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necessary on the question of whether Defendant was properly served with notice of this action.

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Accordingly, the Court ORDERS that counsel for both parties secure their respective witnesses to

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give testimony under oath at the October 31, 2011 hearing.

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Dated: October 25, 2011
JAMES WARE
United States District Chief Judge

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(Defendant Paul Hubert’s Notice of Motion and Motion to Vacate Default Judgment
(FRCP 60(b)(4)), hereafter, “Motion,” Docket Item No. 65.)

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Brian Patrick Hennessy [e-mail]
Elizabeth L. McDougall [e-mail]
Jeffrey Michael Hanson [e-mail]
Liling Poh [e-mail]
Matthew William Kumin [e-mail]

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Dated: October 25, 2011

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy