Free Ex Parte Application - District Court of California - California

Case 4:08-cv-01597-CW

Document 16

Filed 07/09/2008

Page 1 of 3

1 TOWNSEND AN TOWNSEND AND CREW LLP
GREGORY S. GILCHRIST (CA State Bar # 111536); gsgilchrist(?townsend.com 2 TALI L. ALBAN (CA State Bar # 233694); tlalban(?townsend.com Two Embarcadero Center, 8th Floor
3 San Francisco, California 94111

Telephone: (415) 576-0200
4 Facsimile: (415) 576-0300

5 Attorneys for Plaintiff WILLIAS-SONOMA, INe.
6 7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORN
SAN JOSE DIVISION

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12 WILLIAMS-SONOMA, INe., a California corporation,
13

Case No. CV 08-1597 RS

Plaintiff,
14 v.
15

Danielle SECHREST, an individual, Steven
16 SECHREST, an individual, and James

PLAINTIFF WILLIAMS-SONOMA, INC.'S EX PARTE APPLICATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PENDING RESOLUTION OF APPLICATION FOR DEFAULT JUDGMENT
Date: Wednesday, August 20, 2008

KILLIA, an individual, doing business as 17 REPLACEMENTSLIPCOVERS.COM,
18

Time: 9:30 a.m.
Defendants.
Courtroom: #4

Magistrate Judge Richard Seeborg
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PLAINTIFF WILLIAM SONOMA, INC.' S EX PARTE APPLICATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PENDING RESOLUTION OF APPLICATION FOR DEFAULT JUGMENT CASE NO. CV 08-1597 RS

Case 4:08-cv-01597-CW

Document 16

Filed 07/09/2008

Page 2 of 3

Pursuant to Local Rule 16-2(d), plaintiff

Wiliams-Sonoma, Inc., ("WSI") hereby applies ex

2 parte to this Court for an order granting relief from the case management schedule pending resolution
3 of

its Default Judgment Application, for the following reasons:

4 On March 24,2008, plaintiffWSI fied a Complaint alleging trademark infrngement, dilution
5 of a famous mark, copyrght infrngement, false designation of origin and false description and unfair
6 competition action against defendants Danielle Sechrest, Steven Sechrest and James Killian, doing
7 business as Replacementslipcovers.com (collectively "Defendants"). Proof of service of

the

8 Complaint was fied with the Court on April

16, 2008.

9 To date, Defendants have not fied appearances in this case, nor have they or their counsel fied
10 any responsive pleading or motion permitted by law. On May 30,2008, WSI fied a Request to Enter

11 Default By Clerk and, on June 3, 2008, the Clerk entered Default as to Defendants Danielle Sechrest,
12 Steven Sechrest and James Killian, doing business as Replacementslipcovers.com Concurrently with

13 this Application, WSI is fiing with the Cour an Application for Default Judgment with a supporting
14 Declaration of Tali L. Alban.
15 For the foregoing reasons, plaintiffWSI respectfully requests that this Cour grant relief

from

16 the curent case management schedule and reschedule the Case Management Conference currently on
17 calendar for July 16, 2008, until after resolution of

the Application for Default Judgment by the Court.
Respectfully submitted,

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DATED: July 9,2008

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TOWNSEND AN TOWNSEND AN CREW LLP

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By: Isl Tali L. Alban
Gregory S. Gilchrst Tali L. Alban Attorneys for Plaintiff
WILLIAS-SONOMA,

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61421406 vI

INC.

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PLAINTIFF WILLIAM SONOMA, INC.'S EX PARTE APPLICATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PENDING RESOLUTION OF APPLICATION FOR DEFAULT JUGMENT CASE NO. CV 08-1597 RS

Case 4:08-cv-01597-CW

Document 16

Filed 07/09/2008

Page 3 of 3

1

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

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3

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5

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 party 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 true
and accurate copy of

the document(s) entitled:

6

PLAINTIFF WILLIAMS-SONOMA, INC.'S EX PARTE APPLICATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PENDING RESOLUTION OF APPLICATION FOR DEFAULT JUDGMENT
on the party(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as follows:
Danielle Sechrest 21036 Torrence Chapel Road Cornelius, NC 28031
James Killan 19219 Dutch Irs Drive

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Cornelius, NC 28031

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Steven Sechrest 21036 Torrence Chapel Road Cornelius, NC 28031

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rg (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, business, by following ordinary business practice, I served the within document(s) at my place of
placing a tre copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for

16 17
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United States Postal Service that same day in the ordinary course of

collection and mailing with the United States Postal Service where it would be deposited with the business.

D (By Overnight Courer) I caused each envelope to be delivered by a commercial carer
service for overnight delivery to the offces ofthe addressee(s).

D (By Hand) I directed each envelope to the party(ies) so designated on the service list to be delivered by courer 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 party(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 party(ies) listed above.

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I declare under penalty ofpeijury that the foregoing is true and correct and that this declaration was executed this date at San Francisco, California.
Dated: July 9, 2008

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PROOF OF SERVICE
CASE NO. CV-09-1597 RS

Case 4:08-cv-01597-CW

Document 16-2

Filed 07/09/2008

Page 1 of 3

1 TOWNSEND AN TOWNSEND AN CREW LLP
GREGORY S. GILCHRIST (CA State Bar # 111536); gsgilchrist(gtownsend.com 2 TALI L. ALBAN (CA State Bar # 233694); tlalban(gtownsend.com Two Embarcadero Center, 8th Floor
3 San Francisco, California 941 1 1

Telephone: (415) 576-0200
4 Facsimile: (415) 576-0300

5 Attorneys for Plaintiff WILLIAS-SONOMA, INe.
6 7
8

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

9

10

WILLIAS-SONOMA, INe., a Californa
1 1 corporation,

Case No. CV 08-1597 RS

12
13

Plaintiff,
v.

15 KILLIA, an individual, doing business as
REPLACEMENTSLIPCOVERS.COM,
16

14 Danielle SECHREST, an individual, Steven SECHREST, an individual, and James

(PROPOSED) ORDER GRATING PLAINTIFF WILLIAMS-SONOMA, INC.'S EX PARTE APPLICATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PENDING RESOLUTION OF APPLICATION FOR DEFAULT JUDGMENT
Date: Wednesday, August 20, 2008

Defendants.
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Time: 9:30 a.m. Courtroom: # 4 Magistrate Judge Richard Seeborg

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(Proposed) Order Re: PIf.s Ex Parte Application For Relief

Wiliams-Sonoma. Inc. v.Danielle Sechrest.. et al Case No. CV 08-1597 RS

Case 4:08-cv-01597-CW

Document 16-2

Filed 07/09/2008

Page 2 of 3

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GOOD CAUSE APPEARG, it is hereby ordered that Plaintiff

Williams-Sonoma, InC.'s ex

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parte application for relief from the Case Management Conference Pending Resolution of Application
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for Default Judgment is GRATED.
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6 DATED:

RICHAR SEEBORG
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UNTED STATES MAGISTRATE JUGE

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(Proposed) Order Re: PIf.'s

-2Ex Parte Application For Relief

Wiliams-Sonoma, Inc. v.Danielle Sechrest., et al Case No. CV 08-1597 RS

Case 4:08-cv-01597-CW

Document 16-2

Filed 07/09/2008

Page 3 of 3

1

CERTIFICATE OF SERVICE
(C.e.P. §§ 1011 and 1013, e.Re.§ 2008, F.RC.P. Rule 5, F.RA.P. 25)

2
3

I declare that I am employed in the City and County of San Francisco, California; I am over 4 the age of 18 years and not a pary 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 true
5
and accurate copy of

the document(s) entitled:

7 RESOLUTION OF APPLICATION FOR

6 (PROPOSED) ORDER GRATING PLAINTIFF WILLIAMS-SONOMA, INC.'S EX PARTE APPLICATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PENDING DEFAULT JUDGMENT
on the pary(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as
J ames Killian
19219 Dutch Irs Drive

8

9 follows:

10 Danielle Sechrest
21036 Torrence Chapel Road
1 1 Cornelius, NC 28031

Cornelius, NC 28031

12

Steven Sechrest
13 21036 Torrence Chapel Road

Cornelius, NC 2803 1
14
15

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C8 (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, business, by following ordinary business practice, I served the within document(s) at my place of

17 placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be deposited with the business. 18 United States Postal Service that same day in the ordinary course of
19

D (By Overnight Courer) I caused each envelope to be delivered by a commercial carer
service for overnght delivery to the offices of

the addressee(s).

20
21

D (By Hand) I directed each envelope to the party(ies) so designated on the service list to be delivered by courer this date.
transmission to the fax number indicated for the pary(ies) listed above.

D (By Facsimile Transmission) I caused said document to be sent by facsimile

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

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

26 Dated: July 9, 2008
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61423595 vi

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Proof of Service

Wiliams-Sonoma, Inc. v.Danielle Sechrest. et al Case No. CV 08-1597 RS