Senah, Inc v. XI'AN Forstar S&T Co, Ltd

Filing 143

ORDER DISSOLVING 134 ORDER TO SHOW CAUSE; AND SETTING CASE SCHEDULE. Signed by Judge Beth Labson Freeman on 10/15/2015. (blflc3S, COURT STAFF) (Filed on 10/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SENAH, INC,

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Case No. 13-cv-04254-BLF
Plaintiff,

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v.
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XI'AN FORSTAR S&T CO, LTD,

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Defendant.

ORDER DISSOLVING ORDER TO
SHOW CAUSE; AND SETTING CASE
SCHEDULE
[Re: ECF 134]

United States District Court
Northern District of California

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On September 29, 2015, the Court issued an order to show cause regarding striking the

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answer for Defendant’s failure to have counsel. ECF 134. Defendant sent a letter, dated

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September 30, 2015, to the Court which indicated Defendant decided not to spend any more

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money on attorney’s fees in this litigation. ECF 142. On October 7, 2015, Plaintiff filed an

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opposition to the order to show cause. ECF 136. Plaintiff argues that the answer should not be

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stricken in order to preserve the Court’s rulings to date. Id. Plaintiff also argues that Defendant’s

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former lawyers at King & Spalding should be prohibited from re-appearing in this case. Id.
Accordingly, the Court DISSOLVES the order to show cause issued on September 29,

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2015. The Court MODIFIES the case schedule as follows:
Event
Revised Date
Pre-trial conference (no written submission required)
November 23, 2015 at 9:00 a.m.
Deadline to file pre-trial papers, including any motion December 7, 2015
for default1
Trial
December 21, 2015 at 1:30 p.m.

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The Court ORDERS all counsel and parties to appear at the pre-trial conference on November 23,

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The Court advises the parties to review Federal Rule of Civil Procedure 55. Specifically, Fed. R.
Civ. P. 55(b)(2) which requires a “party or its representative must be served with written notice of
the application [for default] at least 7 days before the hearing.”

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2015. Finally, the Court DENIES without prejudice Plaintiff’s request to prohibit King &

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Spalding from re-appearing in this case.

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The Court advises Defendant Xi’an Forstar S&T Co., Ltd. that a failure to retain an

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attorney and participate in this litigation could result in default judgment being entered against it.

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The Court instructs the clerk to serve this order by mail, e-mail, and fax on:

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Name:
Address:

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United States District Court
Northern District of California

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E-mail:
Fax No:

Lily Cai
No 71 Jinye Road Hi-Tech Zone
Xian 710077 China
[e-mail]
[phone]

and
Name:
Address:

Jerry Guo
AVIC Forstar S&T Co., LTD
No. 71 Jinye Road
High-Tech Zone
Xian 710077 China

IT IS SO ORDERED.
Dated: October 15, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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