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

Case 4:08-cv-00096-CW

Document 19

Filed 04/30/2008

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 [email protected] J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 [email protected] Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JENS ERIK SORENSEN, as Trustee of ) Case No. C08-000096 CW (WDB) SORENSEN RESEARCH AND ) DEVELOPMENT TRUST, ) PLAINTIFF'S ) MOTION FOR DEFAULT Plaintiff ) JUDGMENT AGAINST v. ) DEFENDANT AMPRO TOOLS ) CORPORATION AMPRO TOOLS CORPORATION, a ) California Corporation; and DOES 1 ­ ) Date: June 18, 2008 100, ) Time: 1:30 p.m. ) Magistrate Judge Wayne D. Brazil Defendants. ) Courtroom 4, 3rd Floor ) 1301 Clay Street, Ste 400 S ) Oakland, CA 94612 ) ) )

Case 4:08-cv-00096-CW

Document 19

Filed 04/30/2008

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PLAINTIFF Jens Erik Sorensen, as Trustee of Sorensen Research and Development Trust ("SRDT") hereby requests the Court to conduct a hearing to determine damages and enter judgment as to Defendant AmPro Tools Corporation ("AmPro")'s default pursuant to Fed.R.Civ.P. Rule 55(b). On January 15, 2008, the registered agent for service of process for AmPro was personally served with the summons and complaint in this matter (see Docket # 10). AmPro has failed to answer or otherwise appear in this case, and its default was entered by the Court on March 26, 2008, the Court Clerk entered AmPro's default. Plaintiff's claim was for at least eight percent (8%) of gross sales as a reasonable royalty for all sales of Accused Products and according to proof at trial. Plaintiff is prepared to present sworn testimony establishing reasonable royalty rates that should be paid by AmPro in this case at the scheduled prove-up hearing. WHEREFORE, Plaintiff requests the Court to (1) hold an evidentiary hearing on the hearing date set forth above to accept testimony supporting a reasonable royalty rate; and (2) enter judgment in favor of Plaintiff and against AmPro for a dollar amount supported by said testimony. DATED this 30th day of April, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. J. Michael Kaler, Esq. Attorneys for Plaintiff

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Case No. C 08-00096 CW (WDB)

Case 4:08-cv-00096-CW

Document 19

Filed 04/30/2008

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PROOF OF SERVICE I, Melody A. Kramer declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. I am a member of the State Bar of California and the Bar of this Court. On May 1, 2008, I served on the parties to this action the following documents:

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(Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were X (Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. Bruce Kaser Vantage Law PLLC 355 N.W. Gilman Blvd. Suite 203 Issaquah, WA 98027 Attorney for AmPro Tools Corporation (no appearance made in this case; probably not authorized to appear in California courts) Federal Express Celia Chu 1108 Elmsford Drive Cupertino, CA 95014 Agent for Service of Process for AmPro Tools Corporation Federal Express PERSON(S) SERVED PARTY(IES) SERVED METHOD OF SERVICE

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT AMPRO TOOLS CORPORATION DECLARATION OF MELODY A. KRAMER IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT AMPRO TOOLS CORPORATION

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Case No. C 08-00096 CW (WDB)

Case 4:08-cv-00096-CW

Document 19

Filed 04/30/2008

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reported as complete and without error. (Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee. (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California. I declare that the foregoing is true and correct, and that this declaration was executed on Wednesday, April 30, 2008, in San Diego, California. /s/ Melody A. Kramer __________________________ Melody A. Kramer

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Case No. C 08-00096 CW (WDB)