Free Order - District Court of California - California

Case 3:07-cv-05525-JSW

Document 20

Filed 01/15/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff(s), ) ) v. ) FIRST INTERNATIONAL DIGITAL ) ) INC., ) Defendant(s). ) ) JENS ERIK SORENSEN, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No.

C 07-5525 JSW (BZ)

ORDER SCHEDULING HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

By order dated January 11, 2008, the above matter was referred to Magistrate Judge Bernard Zimmerman to issue a report and recommendation regarding plaintiff's motion for default judgment. It is hereby ordered that a hearing on

plaintiff's motion is set for Wednesday, March 5, 2008 at 10:00 a.m. in Courtroom G, 15th Floor, Federal Building, San Francisco, California, 94102. Plaintiff should be prepared to prove his damages by competent testimony or other admissible evidence. plaintiff intends to prove damages by affidavit or declaration, the affiant or declarant should have personal knowledge of all matters to which she testifies. 1 For all If

Case 3:07-cv-05525-JSW

Document 20

Filed 01/15/2008

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evidence, proper foundations must be established.

For an

explanation of the evidentiary requirements for proving damages in a default case, the parties are encouraged to consult Chapter six of Civil Procedure Before Trial by William W. Schwarzer, A. Wallace Tashima, and James M. Wagstaffe. If plaintiff wishes to file additional evidence to

prove his claims for damages, he should file it by Wednesday, January 30, 2008. Defendant should attend the hearing if it contests the validity or amount of plaintiff's claim. Seven days before the hearing, on Wednesday, February 5, 2008, plaintiff shall file and deliver a copy directly to chambers, a declaration setting forth in detail all steps taken to locate defendant and serve it with notice of this hearing. If defendant actually received service, plaintiff's

affidavit should so state, including plaintiff's basis for this knowledge. Dated: January 15, 2008 Bernard Zimmerman United States Magistrate Judge
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