Free Order - District Court of California - California

Case 4:08-cv-00786-SBA

Document 64

Filed 07/03/2008

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND COUNSEL OF RECORD: The hearing on defendants' motion to dismiss plaintiff's complaint, which was previously set for July 9, 2008, at 9:00 a.m., has been VACATED and will be DEFERRED, until such time as the motion to relate the instant case to a previously filed case, C 05-2213 SBA, has been determined. Once the Judge assigned to the earlier filed case issues her decision on the motion, the parties shall notify the undersigned of the decision, no later than 7 days after such decision has issued. In the event the cases are not related, this court will then proceed to set a new hearing date on defendants' motion to dismiss the present complaint. The court has furthermore reviewed the docket and noted the presence of no less than five pending "motions" for default judgment, all of which were filed by plaintiff subsequent to the above-referenced motion to dismiss. With respect to these five motions, it appears from the docket that the clerk declined to enter default ­ a prerequisite to any motion for default judgment ­ with respect to four defendants: Nigerian Port Authority, Nigerian Customs Authority, Attorney General of the Federal Republic of Nigeria, and Maersk Nigeria, Ltd., aka Maersk, aka Maersk Sealand, A.P. Moller Nigeria, Ltd. Accordingly, to the extent any motions for default judgment with respect to these defendants have been filed, they are now moot. v. A.P. MOLLER-MAERSK GROUP, et al., Defendants. _______________________________/ RAIMI SHOAGA, Plaintiff, No. C 08-0786 PJH NOTICE AND ORDER DEFERRING HEARING DATE

Case 4:08-cv-00786-SBA

Document 64

Filed 07/03/2008

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The clerk did enter default as to the fifth defendant, A.P. Moller-Maersk Group, aka A.P. Moller Maersk A/S, aka Danish A.P. Moller-Maersk Gruppen, aka Firmaet A.P. Moller Maersk. That defendant has now filed a motion to set aside default and dismiss the complaint, with a noticed hearing date of August 13, 2008. In view of the pending motion to relate cases, however, the court also declines to hear this additional motion until such time as the related case motion has been decided, and hereby VACATES and DEFERS the August 13 hearing date, and instructs the parties to notify the court of the decision on that motion, in accordance with the instructions noted above. If necessary, the court will then re-schedule the motion to set aside default for hearing in conjunction with the pending motion to dismiss that has also been continued. The court furthermore instructs the parties that, notwithstanding the instant order, the parties are required to adhere to a regular 35 day briefing schedule based on the original August 13 hearing date, as set forth in Civil Local Rules 7-2 and 7-3. The parties shall refrain from filing any more motions, until such time as the related case motion is determined. IT IS SO ORDERED. Dated: July 3, 2008 _______________________________ PHYLLIS J. HAMILTON United States District Judge

Case 4:08-cv-00786-SBA

Document 64-2

Filed 07/03/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RAIMI SHOAGA, Plaintiff, v. A.P. MOLLER-MAERSK GROUP et al, Defendant. /

Case Number: CV08-00786 PJH CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 3, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Raimi Shoaga P.O. Box 7274 Oakland, CA 94601 Dated: July 3, 2008 Richard W. Wieking, Clerk By: Nichole Heuerman, Deputy Clerk