Shepherd et al v. S3 Partners, LLC et al

Filing 123

ORDER STRIKING ANSWER AND ALLOWING ENTRY OF DEFAULT JUDGMENT. Signed by Judge Ronald M. Whyte on 2/2/2012. (rmwlc1, COURT STAFF) (Filed on 2/2/2012)

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E-FILED on

2/2/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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MARK SHEPHERD and DELIA SHEPHERD,

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No. C-09-01405 RMW

Plaintiffs,
v.
S3 PARTNERS, LLC; ALARIS
DEVELOPMENT; THE SHIELDS
FOUNDATION; NORTHWEST
CONSULTING GROUP, LLC; CORINTHIAN
WEALTH MANAGEMENT; GOLDEN
CREST WEALTH MANAGEMENT; PIERCE
ARROW INVESTORS, LLC; LIVINGSTONE
CAPITAL; STAGECOACH RETAIL, LLC;
SONTERRA RETAIL CENTER, LLC;
MICHAEL SIMS; SAM STAFFORD;
MELVIN RUSSELL SHIELDS; DAVID
VAUGHN; DAVID SAMUELS; CHASTAN
SHIELDS; DOUG BURKE,

ORDER STRIKING ANSWER AND
ALLOWING ENTRY OF DEFAULT
JUDGMENT

[Re Docket No. 119]

Defendants.

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On January 9, 2012, Magistrate Judge Grewal made a report and recommendation following

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defendants' failure to appear at a settlement conference scheduled for December 29, 2011 and

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defendants' further failure to appear at a January 6, 2012 hearing on an order to show cause. No

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objections have been filed, and defendants have not appeared nor offered any excuse for their

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ORDER STRIKING ANSWER AND ALLOWING ENTRY OF DEFAULT JUDGMENT—No. C-09-01405 RMW
LJP

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failures. Defendants had notice of their required appearances. Thus, the court hereby adopts the

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report and recommendation in full. Based upon these findings,

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IT IS HEREBY ORDERED:

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The answers of defendants S3 Partners, LLC; Northwest Consulting Group, LLC;

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Stagecoach Retail, LLC; Sonterra Retail Center, LLC; and Melvin Russell Shields1

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are stricken;

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2.

The defaults of said defendants are entered;

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3.

Default judgments will be entered against said defendants upon submission by

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plaintiffs of an appropriate proposed default judgment and a declaration or other

United States District Court
For the Northern District of California

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evidence supporting the relief requested in the proposed judgment; and

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4.

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The pretrial conference currently set for February 9, 2012 and the trial date of
February 13, 2012 are VACATED.

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DATED:

February 2, 2012
RONALD M. WHYTE
United States District Judge

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All other defendants have been dismissed or are in bankruptcy.

ORDER STRIKING ANSWER AND ALLOWING ENTRY OF DEFAULT JUDGMENT—No. C-09-01405 RMW
LJP
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