Free Order on Motion for Default Judgment - District Court of California - California

Case 3:07-cv-06349-JSW

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Filed 03/17/2008

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1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiffs, LUZ-MARIA URZUA and CESAR ANCHANTE-MARTINETTI, No. C 07-06349 JSW v.
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 12, 2008, Plaintiffs moved for default judgment pursuant to Rule 55(b)(2) against Defendants Countrywide Home Loans and Angelo Mancello. After reviewing the record and Plaintiffs' motion for default judgment, the Court finds that Plaintiffs have failed to comply with Rule 55 of the Federal Rules of Civil Procedure. First, Defendants have answered the complaint by filing a motion to dismiss which is set for hearing on April 4, 2008 at 9:00 a.m. Defendants are, therefore, not in default. Second, Plaintiffs move for default judgment without first requesting and obtaining entry of Defendants' default from the clerk pursuant to Rule 55(a). In addition, it is apparent that Plaintiffs' contact information may be inaccurate because multiple filings have been returned to the Court as undeliverable. However, Plaintiffs have not filed any notice of change of address. Civil Local Rule 3-11(a) requires that "a party proceeding pro se whose address changes while an action is pending must promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address." COUNTRYWIDE HOME LOANS and ANGELO MANCELLO, Defendants. / ORDER DENYING MOTION FOR DEFAULT JUDGMENT

Case 3:07-cv-06349-JSW

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Filed 03/17/2008

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Civil Local Rule 3-11(b) authorizes the Court to dismiss a complaint without prejudice when "(1) Mail directed to the ... pro se party by the Court has been returned as not deliverable; and (2) The Court fails to receive within 60 days of this return a written communication from the ... pro se party indicating a current address." Accordingly, the Court DENIES Plaintiffs' motion for default judgment. The motion to dismiss shall be heard and Plaintiffs are DIRECTED to update the Court docket with their current contact information.

IT IS SO ORDERED.

United States District Court

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For the Northern District of California

Dated: March 17, 2008 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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Case 3:07-cv-06349-JSW

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Filed 03/17/2008

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UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 v. COUNTRYWIDE BANK et al, Defendant. / FOR THE NORTHERN DISTRICT OF CALIFORNIA

LUZ-MARIA URZUA, Plaintiff,

Case Number: C07-05903 JSW Related Case Number C07-5906 Related Case Number C07-5931 Related Case Number C07-5932 Related Case Number C07-6349 CERTIFICATE OF SERVICE

JSW JSW JSW JSW

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 , 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. Cesar Anchante-Martinetti 6787 Hillsview Drive Vacaville, CA 95688 Luz-Maria Urzua 6787 Hillsview Drive Vacaville, CA 95688 Luz-Maria Urzua 2041 Legends Court Merced, CA 95340 Luz-Maria Urzua 3801 North Lake Road Merced, CA 95340 Cesar Anchante-Martinetti 3801 North Lake Road Merced, CA 95340 Luz-Maria Urzua 3785 North Lake Road Merced, CA 95340 Cesar Anchante-Martinetti 3785 North Lake Road Merced, CA 95340 Dated: March 17, 2008 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

United States District Court

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For the Northern District of California

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