Free Notice (Other) - District Court of California - California

Case 4:08-cv-01597-CW

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Filed 08/07/2008

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TOWNSEND AND TOWNSEND AND CREW LLP GREGORY S. GILCHRIST (CA State Bar # 111536); [email protected] TALI L. ALBAN (CA State Bar # 233694); [email protected] Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Attorneys for Plaintiff WILLIAMS-SONOMA, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

WILLIAMS-SONOMA, INC., a California corporation, Plaintiff,

Case No. CV 08-1597 RS PLAINTIFF WILLIAMS-SONOMA, INC.'S AMENDED NOTICE OF APPLICATION FOR DEFAULT JUDGMENT BY COURT Date: Wednesday, September 10, 2008 Time: 9:30 a.m. Courtroom: # 4 Magistrate Judge Richard Seeborg

14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Danielle SECHREST, an individual, Steven SECHREST, an individual, and James KILLIAN, an individual, doing business as REPLACEMENTSLIPCOVERS.COM, Defendants.

TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on September 10, 2008, at 9:30 a.m., or as soon thereafter as the matter may be heard, before the Honorable Richard Seeborg, Magistrate Judge of the United States District Court, 2112 Robert F. Peckham Federal Building and United States Courthouse, 280 South First Street, San Jose, California 95113, Plaintiff WILLIAMS-SONOMA, INC. ("WSI") will apply to this Court for a default judgment against Defendants Danielle Sechrest, Steven Sechrest and James Killian, doing business as Replacementslipcovers.com (collectively, "Defendants"), pursuant to Federal Rule of Civil Procedure 55(b).
PLAINTIFF WILLIAMS-SONOMA, INC.'S AMENDED NOTICE OF MOTION FOR DEFAULT JUDGMENT CASE NO. CV 08-1597 RS 1

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The Application will be based on this Amended Notice; the original Notice of Application and Application for Default Judgment by Court and Memorandum of Points and Authorities in Support filed on July 9, 2008 (Court Docket No. 13); the Declaration of Tali Alban with exhibits, filed on July 9, 2008 (Court Docket No. 14), all of the files and records of this action; and on any additional material that may be elicited at the hearing of this Application.

DATED: August 7, 2008

Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP

By: _____/s/_Tali L. Alban______________ Gregory S. Gilchrist Tali L. Alban Attorneys for Plaintiff WILLIAMS-SONOMA, INC.

PLAINTIFF WILLIAMS-SONOMA, INC.'S AMENDED NOTICE OF MOTION FOR DEFAULT JUDGMENT CASE NO. CV 08-1597 RS

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CERTIFICATE OF SERVICE
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(C.C.P. §§ 1011 and 1013, C.R.C.§ 2008, F.R.C.P. Rule 5, F.R.A.P. 25)

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I declare that I am employed in the City and County of San Francisco, California; I am over the age of 18 years and not a part to the within action; my business address is Two Embarcadero
Center, Eighth Floor, San Francisco, California, 94111. On the date set forth below, I served a tre and accurate copy of the document(s) entitled:

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PLAINTIFF WILLIAMS-SONOMA, INC.'S AMENDED NOTICE OF APPLICATION FOR DEFAULT JUDGMENT BY COURT
on the part(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as
follows:

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Danielle Sechrest 21036 Torrence Chapel Road Cornelius, NC 28031
Steven Sechrest 21036 Torrence Chapel Road Cornelius, NC 28031

James Kilian

19219 Dutch Iris Drive Cornelius, NC 28031

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~ (By First Class Mail) I am readily familiar with my employer's practice for collecting and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by
placing a tre copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for

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collection and mailing with the United States Postal Service where it would be deposited with the United States Postal Service that same day in the ordinary course of business.

D (By Overnight Courier) I caused each envelope to be delivered by a commercial carrer
service for overnight delivery to the offices of

the addressee(s).

D (By Hand) I directed each envelope to the part(ies) so designated on the service list to
be delivered by courier this date.

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D (By Facsimile Transmission) I caused said document to be sent by facsimile
transmission to the fax number indicated for the part(ies) listed above.

D (By Electronic Transmission) I caused said document to be sent by electronic
transmission to the e-mail address( es) indicated for the part(ies) listed above.

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I declare under penalty of peijury that the foregoing is tre and correct and that this declaration was executed this date at San Francisco, California.

24 Dated: August 7, 2008

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PROOF OF SERVICE

CASE NO. CV-08-1597 RS