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

Case 3:07-cv-02429-MMC

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Filed 06/25/2007

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Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 416 San Jose, California 95113-2404 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 FRANCISCO DIVISION BETTY JEAN NAPIER, Plaintiff, v. COLLECTION BUREAU OF AMERICA, LTD., a California corporation, and SHAWN MICHAEL DELUNA, as an individual 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, SHAWN MICHAEL DELUNA [Fed. R. Civ. P. 55(a)] Case No. C07-02429-BZ

Court, and the counsel of record for the Plaintiff. In my capacity as the counsel of record for the 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, SHAWN MICHAEL DELUNA, pursuant to Rule 55(a), Federal Rules of Civil Procedure, and in support of this application do show that: a. The Defendant was substitute served, through his Receptionist, 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, the Defendant, being an -1Case No. C07-02429-BZ

Case 3:07-cv-02429-MMC

Document 8-2

Filed 06/25/2007

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individual with his principal place of business in Hayward, California, 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; The 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 the Defendant by regular mail, postage prepaid. Executed on June 25, 2007, at San Jose, California. /s/ Fred W. Schwinn Fred W. Schwinn, Esq. Attorney for Plaintiff BETTY JEAN NAPIER

-2DECLARATION OF COUNSEL Case No. C07-02429-BZ