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Edwards v. Midpoint Resolutions Group

November 9, 2009

EDWARDS
v.
MIDPOINT RESOLUTIONS GROUP



The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendant:

None None

Proceedings: (In Chambers)

ORDER AMENDING HEARING DATE

On October 7, 2009, Plaintiff Don Edwards filed an application for default judgment concerning various violations of the Fair Debt Collection Practices Act ("FDCPA") and the Rosenthal Fair Debt Collection Practices Act ("Rosenthal Act") against Defendant Midpoint Resolutions Group. (Docket No. 13.) On October 23, 2009, Plaintiff filed a Memorandum of Points and Authorities addressing the default judgment factors listed in Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986), as requested by the Court. (Docket No. 14.) The Memorandum listed the Eitel factors and addressed each factor.

However, Plaintiff has failed to provide evidence in the form of a declaration that

(1) the procedural requirements of Rule 55(b) of the Federal Rules of Civil Procedure are met and that (2) the costs requested by Plaintiff for filing fees were actually spent. Therefore, the Court does not have enough evidence to sufficiently scrutinize Plaintiff's application for default judgment.

Therefore, Plaintiff is ORDERED TO SHOW CAUSE why Plaintiff is entitled to default judgment by Monday, November 16, 2009. Accordingly, the hearing scheduled Monday, November 16, 2009 is continued to Monday, November 30, 2009.

IT IS SO ORDERED.

20091109

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