Joe Hand Promotions, Inc. v. McInnis et al
Filing
32
ORDER DENYING 31 Ex Parte Application for an Order Vacating the Case Management Conference. Signed by Judge Koh on 12/13/2010. (lhklc1, COURT STAFF) (Filed on 12/13/2010)
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Joe Hand Promotions, Inc. v. McInnis et al
Doc. 32
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Case No.: 10-CV-01614-LHK ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE
Dockets.Justia.com
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOE HAND PROMOTIONS, INC., Plaintiff, v. THOMAS RICH MCINNIS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-01614-LHK ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE
Plaintiff filed an ex parte application for an order vacating the Case Management Conference in this action, currently set for Wednesday, December 15, 2010 at 2:00 P.M. Plaintiff claims that this request is necessitated by the fact that Plaintiff will soon be filing an application for default judgment. Plaintiff is correct that the clerk entered default as to defendants Thomas McInnis and Sarah Unger. See Dkt. Nos. 19, 28. Defendant McInnis, however, timely filed his answer with the clerk of this court. See Dkt. No. 29. For unknown reasons, the answer was not entered on ECF until after the entry of default. Thus, default against Defendant McInnis appears to have been entered in error. Until this error is addressed, the Court will not entertain a motion for default judgment against Defendant McInnis.
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Therefore, Plaintiff's motion is DENIED. Parties shall appear for the Case Management Conference set for Wednesday, December 15, 2010 at 2:00 P.M. in courtroom 4, 5th floor and be prepared to address the propriety of the entry of default against Defendant McInnis. IT IS SO ORDERED.
Dated: December 13, 2010
_________________________________ LUCY H. KOH United States District Judge
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Case No.: 10-CV-01614-LHK ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE
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