Case 3:08-cv-00533-BEN-WMC
Document 9
Filed 07/25/2008
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Jeremy S. Golden (SBN 228007) Law Offices of Eric F. Fagan 2300 Boswell Rd. Suite 211 Chula Vista, CA 91914 [email protected] Phone: 619-656-6656 Fax: 775-898-5471 Attorney for Plaintiff KIMBERLY SCHNEIDER
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA KIMBERLY SCHNEIDER, an individual, ) ) ) Plaintiff ) ) v. ) ) ROSENTHAL, MORGAN AND ) THOMAS, INC.; and DOES 1 through ) 10 inclusive, ) ) Defendants. ) ) Case No.: 3:08-CV-00533-BEN-WMC Plaintiff's Response To The Notice of Hearing: Dismissal For Want Of Prosecution
PLAINTIFF HEREBY submits this response to the court's Notice of Hearing: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) for August 5, 2008, at 10:30. The court's notice stated that if Plaintiff files a proof of service showing service was accomplished seven days prior to the hearing date the hearing shall be removed from the calendar. On April 23, 2008, Plaintiff filed a proof of service showing service was accomplished. (Docket No. 3). On May 13, 2008, the clerk entered default against Defendant. (Docket No. 6).
1 Plaintiff's Response To The Notice of Hearing: Dismissal For Want Of Prosecution
Case 3:08-cv-00533-BEN-WMC
Document 9
Filed 07/25/2008
Page 2 of 2
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Subsequent to the entry of default, counsel for Defendant contacted counsel for Plaintiff and the parties have discussed settlement. Plaintiff anticipates that this matter will either be settled or Defendant will file a responsive pleading with a stipulation to set aside the default judgment by August 15, 2008. In that regard, Plaintiff respectfully requests that this court remove the August 5, 2008, hearing from the calendar.
Dated: July 25, 2008
____/S/ Jeremy S. Golden_________________ Jeremy S. Golden Attorney for Plaintiff
2 Plaintiff's Response To The Notice of Hearing: Dismissal For Want Of Prosecution