Facebook, Inc. v. Fisher et al

Filing 78

ORDER DIRECTING NOTICE OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. Signed by Judge Jeremy Fogel on November 19, 2010.

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Facebook, Inc. v. Fisher et al Doc. 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FACEBOOK, INC., a Delaware Corporation, Plaintiff, v. JEREMI FISHER; PHILIP POREMBKSI; RYAN SHIMEALL; and JOHN DOES 1-25, individuals; and CHOKO SYSTEMS LLC; HARM, INC.; PP WEB SERVICES LLC, iMEDIA ONLINE SERVICES LLC; and JOHN DOES 26-50, corporations, Defendants. **E-Filed 11/19/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number 5:09-cv-05842-JF ORDER1 DIRECTING NOTICE OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT It has become apparent that Defendants Philip Porembski and PP Web Services, LLC have not received notice of Plaintiff's motion for default judgment, which was filed on August 27, 2010. Pursuant to Fed. R. Civ. P. 55(b)(2), "[i]f the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing." Although Defendants previously appeared through counsel, Downey Brand, LLP, by means of a stipulated 1 This disposition is not designated for publication in the official reports. Case No. 5:09-cv-05842-JF ORDER DIRECTING NOTICE OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (JFLC1) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 order issued on January 8, 2010, counsel's services apparently were terminated on March 15, 2010. Thus, notice of the instant motion should have been served on Defendants themselves pursuant to Fed. R. Civ. P. 55(b)(2). ORDER Accordingly, the Court directs that Plaintiff send notice of the instant motion to Defendants2 at their addresses of record. IT IS SO ORDERED. DATED: 11/19/10 __________________________________ JEREMY FOGEL United States District Judge Plaintiff's counsel, Joseph Cutler, has informed the Court that he is in possession of an email address for Defendant Philip Porembski. The Court directs that notice be sent to this address as well as any additional known addresses for Defendants. 2 Case No. 5:09-cv-05842-JF ORDER DIRECTING NOTICE OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (JFLC1) 2

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