Joe Hand Promotions Inc v. Be et al

Filing 24

First MOTION for Default Judgment by the Court as to filed by Joe Hand Promotions Inc. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 10/6/2011. Replies due by 10/13/2011. (Attachments: # 1 Supplement Memorandum, # 2 Proposed Order, # 3 Declaration)(Davoli, David) (Filed on 8/17/2011)

1
2
3
4
5
6
7
8

9
10
11

David J. Davoli, Esq. (DD-9073)
DAVOLI LAW FIRM
207 West 25th Street, Suite 400
New York, NY 10001
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
San Jose Division
----------------------------------------------------x
JOE HAND PROMOTIONS, INC.,
Plaintiff,
Case No.: CDC-01333-LHK
vs.

12
13
14
15
16
17

18

PETE BE, Individually, and as an officer,
director, shareholder, and/or principal of
DA KINE CAFÉ, INC. d/b/a
DA KINE CAFÉ
153 E. Fremont Avenue
Sunnyvale, CA 94087,

NOTICE OF APPLICATION OF
DEFAULT JUDGMENT
BY COURT

Defendants.
----------------------------------------------------x

19
20

TO THE HONORABLE LUCY H. KOH AND THE DEFENDANTS:

21
22
23
24

PLEASE TAKE NOTICE THAT, on September 22, 2011, at 1:30 p.m. or as soon
thereafter as this matter may be heard by the above entitled United States District Court, located
at 280 South 1st Street, San Jose, CA 95113, Plaintiff will present its Application for Default
Judgment against Defendants Pete Be and Da Kine Cafe, Inc. d/b/a Da Kine Café.
The Clerk has previously entered the default on said Defendants on or about June 17,

25
26

2011.

27
28
29
30
31

At the time and place of the hearing, Plaintiff will present proof of the following matters:
1. Defendant is not an infant or incompetent person, or in military service or otherwise
exempt under the Servicemembers Civil Relief Act of 2003; and,
2. Defendants have not appeared in this action; and,

32
NOTICE OF APPLICATION FOR DEFAULT JUDGMENT – 1

1
2
3
4
5

3. Notice of this Application for Default Judgment by the Court and supplemental pleadings
were served on said Defendants; and,
4. Plaintiff is entitled to judgment against the Defendants on the claims pled in the
Complaint.
5. Plaintiff seeks Judgment in its favor and against the Defendants in the amount of

6

$116,801.48. A breakdown of the relief requested is detailed within the Proposed Order,

7

concurrently filed.

8

9

6. By and through this Application, Plaintiff also seeks recovery of its attorneys’ fees and
relevant costs incurred as provided for pursuant to 47 U.S.C. Section 605, et seq.

10

Respectfully submitted,

11
12
13

Dated: August 17, 2011

14

/s/ David J. Davoli

15

______________________________
DAVOLI LAW FIRM
David J. Davoli, Esq. (DD-9073)
Attorney for the Plaintiff,
Joe Hand Promotions, Inc.

16
17

18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

NOTICE OF APPLICATION FOR DEFAULT JUDGMENT – 2