Greenspan v. IAC/InterActiveCorp et al

Filing 84

ORDER re Motion to Set Aside Judgment 39 (rmwlc1, COURT STAFF) (Filed on 3/15/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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BRAD GREENSPAN,

Case No. 14-cv-04187-RMW

Plaintiff,
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v.

ORDER RE MOTION TO SET ASIDE
JUDGMENT

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IAC/INTERACTIVECORP, et al.,

Dkt. No. 39

Defendants.
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This case was dismissed with prejudice for failure to diligently prosecute on May 15, 2015.

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Dkt. No. 29. Judgment was entered on the same day. Dkt. No. 30. On July 1, 2015, plaintiff

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moved to set aside the judgment. Dkt. No. 39. On September 18, 2015, this court held a hearing on

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plaintiff’s motion. Dkt. No. 67. After the hearing, the court deferred ruling on plaintiff’s motion,

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indicating that the court would grant relief from judgment once plaintiff 1) obtained new class

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counsel and 2) reimbursed defendants for costs and expenses incurred following entry of

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judgment. Dkt. No. 66.

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New counsel for plaintiff filed a notice of appearance on November 2, 2015. On November

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10, 2015, the court issued an order setting reimbursement amount of $20,000 for Google and

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$25,000 for IAC. Dkt. No. 83. In the order, the court instructed plaintiff to file a declaration

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attesting that payment had been made within five days of making the payments. Id. The court

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14-cv-04187-RMW
ORDER RE MOTION TO SET ASIDE JUDGMENT

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anticipated that payment would be made within a reasonable time. However, it has been over four

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months, and no payment has been made.

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Unless plaintiff makes the required payments by March 25, 2016, the court will conclude

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that plaintiff does not intend to proceed with reimbursement and will no longer be willing to set

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aside the judgment. If plaintiff does not make the required payments by March 25, 2016,

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plaintiff’s motion will be denied and the default judgment will stand.

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IT IS SO ORDERED.
Dated: March 15, 2016
______________________________________
Ronald M. Whyte
United States District Judge

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United States District Court
Northern District of California

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14-cv-04187-RMW
ORDER RE MOTION TO SET ASIDE JUDGMENT