Free Order - District Court of California - California

Case 5:08-cv-00910-RMW

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Filed 07/16/2008

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Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2403 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: [email protected] Attorney for Plaintiff BETTY JEAN NAPIER

*E-FILED - 7/16/08*

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. Plaintiff in the above-entitled action requests that the Court vacate the motion hearing and case management conference currently scheduled for July 18, 2008, at 9:00 a.m. and 10:30 a.m. On April 25, 2008, the Court Clerk entered the default of both Defendants in this case. (Docs. 12 and 13) On May 28, 2008, Plaintiff filed a Motion for Default Judgment against both Defendants. (Doc. 17) The hearing on Plaintiff's Motion for Default Judgment is set for July 18, 2008, at 9:00 a.m. before this Court. Defendants' response to said motion was due on or before June 27, 2008, pursuant to Civil L.R. 7-3, but Defendants have not filed a response and are in default. Additionally, a Case Management Conference is set in this case for July 18, 2008, at 10:30 a.m. In light of Defendants' continued default in this matter, Plaintiff requests that the motion hearing and Case Management Conference be taken off calendar and that the Court enter a Judgment by default in this matter without requiring a further appearance by Plaintiff. /// -1REQUEST TO VACATE MOTION HEARING AND CMC Case No. C08-00910-RMW-RS

Case No. C08-00910-RMW-RS REQUEST TO VACATE MOTION HEARING AND CASE MANAGEMENT CONFERENCE AND [] ORDER

Case 5:08-cv-00910-RMW

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Filed 07/16/2008

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Dated: July 9, 2008

/s/ Fred W. Schwinn Fred W. Schwinn, Esq. Attorney for Plaintiff BETTY JEAN NAPIER [] ORDER

4 Having considered the Plaintiff's Request to Vacate Motion Hearing and Case Management 5 Conference, the request is hereby GRANTED. (Please check all that apply) 6 7 is vacated and no appearance by Plaintiff is required. 8 9 a.m. is hereby vacated and the matter is deemed submitted. 10 11 No Case Management Statement will be required from Plaintiff. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2REQUEST TO VACATE MOTION HEARING AND CMC Case No. C08-00910-RMW-RS

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The Case Management Conference in this matter set for July 18, 2008, at 10:30 a.m.

G

The hearing on Plaintiff's Motion for Default Judgment set for July 18, 2008, at 9:00

G

A Case Management Conference shall be held on

, at 10:30 a.m.

The hearing on Plaintiff's Motion for Default Judgment shall remain on calendar for July 18, 2008 at 9:00 a.m. (rmw)
Dated:

7/16/08
Honorable Ronald M. Whyte United States District Judge