Free Motion for Entry of Default - District Court of California - California

Case 5:08-cv-00910-RMW

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Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: [email protected] Attorney for Plaintiff BETTY JEAN NAPIER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BETTY JEAN NAPIER, Plaintiff, v. TITAN MANAGEMENT SERVICES, LLC, a Georgia limited liability company, and FREDERICK ALLEN HOWARD, individually and in his official capacity, Defendants. TO: CLERK OF THE DISTRICT COURT: Please enter a default in this matter against Defendant, FREDERICK ALLEN HOWARD, on the ground that said party has failed to plead or otherwise defend this action within the time prescribed by the Federal Rules of Civil Procedure. Specific facts supporting the entry of default are set forth in the accompanying declaration of counsel. REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT, FREDERICK ALLEN HOWARD Case No. C08-00910-RS

CONSUMER LAW CENTER, INC. Dated: April 2, 2008 By: /s/ Fred W. Schwinn Fred W. Schwinn, Esq. Attorney for Plaintiff BETTY JEAN NAPIER

REQUEST FOR ENTRY OF DEFAULT

Case No. C08-00910-RS

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Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: [email protected] Attorney for Plaintiff BETTY JEAN NAPIER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BETTY JEAN NAPIER, Plaintiff, v. TITAN MANAGEMENT SERVICES, LLC, a Georgia limited liability company, and FREDERICK ALLEN HOWARD, individually and in his official capacity, Defendants. FRED W. SCHWINN, hereby declares under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the following statements are true and correct: 1. I am an attorney and counselor at law, duly admitted to practice before this DECLARATION OF COUNSEL IN SUPPORT OF ENTRY OF DEFAULT AGAINST DEFENDANT, FREDERICK ALLEN HOWARD [Fed. R. Civ. P. 55(a)] Case No. C08-00910-RS

Court, and the counsel of record for Plaintiff. In my capacity as the counsel of record for Plaintiff, I have personal knowledge of the matters stated in this declaration. 2. I hereby make application to the Clerk of this Court for entry of default as to

Defendant, FREDERICK ALLEN HOWARD, pursuant to Rule 55(a), Federal Rules of Civil Procedure, and in support of this application do show that: a. Defendant was substitute served, through his wife, with copies of Plaintiff's Summons and Complaint as provided by Rule 4(c)(1), Federal Rules of Civil Procedure; b.
DECLARATION OF COUNSEL

Upon Plaintiff's information and belief, Defendant, being an -1Case No. C08-00910-RS

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individual with his principal place of business in Duluth, Georgia, is neither an infant nor an incompetent person requiring special service in accordance with Rule 4(g), Federal Rules of Civil Procedure, and is not serving with the armed forces of the United States entitled to the protection of 50 U.S.C. App. Section 520; Defendant has neither answered nor otherwise responded formally to the Plaintiffs's Summons and Complaint, and the time to do so, as provided in Rule 12(a), Federal Rules of Civil Procedure, has expired; Copies of this Declaration and the Request for Entry of Default, seeking entry of default, which are being filed herewith, have this date been served upon Defendant by regular mail, postage prepaid. Executed on April 2, 2008, at San Jose, California. /s/ Fred W. Schwinn Fred W. Schwinn, Esq. Attorney for Plaintiff BETTY JEAN NAPIER

-2DECLARATION OF COUNSEL Case No. C08-00910-RS

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Name:

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BETTY JEAN NAPIER, Plaintiff, v. TITAN MANAGEMENT SERVICES, LLC, a Georgia limited liability company, and FREDERICK ALLEN HOWARD, individually and in his official capacity, Defendants. It appears from the record that the following defendant failed to plead or otherwise defend in this case as required by law. ENTRY OF DEFAULT AGAINST DEFENDANT, FREDERICK ALLEN HOWARD Case No. C08-00910-RS

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FREDERICK ALLEN HOWARD

Therefore, default is entered against the defendant as authorized by Fed R. Civ. P. 55(a).

Clerk of the Court 25 26 Date 27 28
ENTRY OF DEFAULT Case No. C08-00910-RS

By: Deputy Clerk

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Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: [email protected] Attorney for Plaintiff BETTY JEAN NAPIER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BETTY JEAN NAPIER, Plaintiff, v. TITAN MANAGEMENT SERVICES, LLC, a Georgia limited liability company, and FREDERICK ALLEN HOWARD, individually and in his official capacity, Defendants. STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ) ss: ) CERTIFICATE OF SERVICE BY MAIL Case No. C08-00910-RS

I am employed in the County of Santa Clara, California. I am over the age of eighteen years and not a party to the within entitled cause. My business address is 12 South First Street, Suite 1014, San Jose, California 95113-2418. On April 2, 2008, I served the following: 1. 2. REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT, FREDERICK ALLEN HOWARD DECLARATION OF COUNSEL IN SUPPORT OF ENTRY OF DEFAULT AGAINST DEFENDANT, FREDERICK ALLEN HOWARD ENTRY OF DEFAULT AGAINST DEFENDANT, FREDERICK ALLEN HOWARD

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on the interested parties in said cause, by placing a true and correct copy thereof in a sealed envelope with postage fully prepaid thereon and depositing it in the United States mail at San Jose, California -1CERTIFICATE OF SERVICE BY MAIL Case No. C08-00910-RS

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addressed as follows: DEFENDANT: Frederick Allen Howard Titan Management Services, LLC 2160 Satellite Boulevard, Suite 350 Duluth, GA 30097-4074 DEFENDANT: Frederick Allen Howard 10665 Nellie Brook Court C Duluth, GA 30097-1901

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at San Jose, California on April 2, 2008. /s/ Fred W. Schwinn

-2CERTIFICATE OF SERVICE BY MAIL Case No. C08-00910-RS