Filed: Oct. 18, 2017
Latest Update: Oct. 18, 2017
Summary: PLAINTIFFS' AMENDED REQUEST TO VACATE, OR, IN THE ALTERNATIVE, CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON 1301 Clay Street, Oakland, CA HAYWOOD S. GILLIAM, Jr , District Judge . Plaintiffs respectfully request that the Case Management Conference, currently on calendar for October 24, 2017, be vacated, or in the alternative, continued to January 4, 2018, at 1:30 p.m., to be held concurrently with the hearing regarding Plaintiffs' Motion for Default Judgment (the Motion will be filed
Summary: PLAINTIFFS' AMENDED REQUEST TO VACATE, OR, IN THE ALTERNATIVE, CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON 1301 Clay Street, Oakland, CA HAYWOOD S. GILLIAM, Jr , District Judge . Plaintiffs respectfully request that the Case Management Conference, currently on calendar for October 24, 2017, be vacated, or in the alternative, continued to January 4, 2018, at 1:30 p.m., to be held concurrently with the hearing regarding Plaintiffs' Motion for Default Judgment (the Motion will be filed b..
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PLAINTIFFS' AMENDED REQUEST TO VACATE, OR, IN THE ALTERNATIVE, CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON 1301 Clay Street, Oakland, CA
HAYWOOD S. GILLIAM, Jr, District Judge.
Plaintiffs respectfully request that the Case Management Conference, currently on calendar for October 24, 2017, be vacated, or in the alternative, continued to January 4, 2018, at 1:30 p.m., to be held concurrently with the hearing regarding Plaintiffs' Motion for Default Judgment (the Motion will be filed by Friday October 27, 2017). Good cause exists for the granting of the Plaintiffs' request, as follows:
1. As the Court's records will reflect, this action was filed on May 18, 2017 (Dkt. #1). Defendant M1 Corps, Inc. was personally served on May 30, 2017, and a Proof of Service of Summons was filed with the Court on June 9, 2017 (Dkt. #11). Defendant Anozira, Inc. was served by substituted service on June 2, 2017, and a Proof of Service of Summons was filed with the Court on June 9, 2017 (Dkt. #12).
2. Defendants failed to plead or otherwise respond to the lawsuit, and the Clerk entered default as to both Defendants on July 27, 2017 (Dkt. #14). Defendants were duly served with a copy of the Clerk's Notice of Default Entry on July 28, 2017, and a Proof of Service of same was filed with the Court on August 1, 2017 (Dkt. #15).
3. Plaintiffs are in the process of finalizing their Motion for Default Judgment against Defendants, which will be filed with the Court no later than Friday, October 27, 2017. This motion will be noticed for hearing before this Court on January 4, 2018, at 1:30 p.m.
4. There are no issues that need to be addressed by the parties at the currently scheduled Case Management Conference. In the interest of conserving costs, as well as the Court's time and resources, Plaintiffs respectfully request that the upcoming Case Management Conference be vacated or, in the alternative, continued to January 4, 2018, at 1:30 p.m. to be held concurrently with the hearing regarding Plaintiffs' Motion for Default Judgment.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled action, and that the foregoing is true of my own knowledge.
IT IS SO ORDERED.
The currently set Case Management Conference is hereby vacated.
