Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

North American Specialty Insurance Co. v. Campbell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 3, 2009

NORTH AMERICAN SPECIALTY INSURANCE COMPANY, PLAINTIFF,
v.
JOSEPH C. CAMPBELL, INDIVIDUALLY AND ALSO KNOWN AS JOE CAMPBELL, AND JOSEPH CHARLES CAMPBELL, AND DBA JC SHOW HORSES; JC SHOW HORSES, LLC; AND DEBORAH SAUERS, INDIVIDUALLY, DEFENDANTS.

ORDER

This case was referred to the undersigned pursuant to Eastern District of California Local Rule ("Local Rule") 302(c)(19) and 28 U.S.C. § 636(b)(1) for hearing on plaintiff's motion for entry of default judgment against defendants Joseph Campbell and JC Show Horses LLC ("defendants"). The motion for default judgment was scheduled for hearing on November 25, 2009; however, because defendants did not file an opposition to the motion for default judgment and had not otherwise appeared in this action, on November 24, 2009, the undersigned submitted the matter without oral argument pursuant to Local Rule 230.*fn1 Dckt. No. 44.

However, on the date of the scheduled hearing, November 25, 2009, Campbell appeared for oral argument and spoke with the undersigned's courtroom deputy clerk. That same day, Campbell filed a document entitled "answer," in which Campbell denies the allegations in plaintiff's complaint, contends that he was not properly served with the summons, and asserts that since he learned of the summons, he has been attempting to retain an attorney to represent him in this action. Dckt. No. 46. He also requests time to raise the "balance of the funds necessary to retain [counsel]" but does not indicate how much time he would need to do so. Id. Defendant JC Show Horses, LLC still has not appeared in this action.

In light of Campbell's November 25, 2009 filing, plaintiff's motion for default judgment against Campbell and JC Show Horses, LLC will be rescheduled for hearing on January 27, 2010. On or before January 6, 2010, Campbell and/or JC Show Horses, LLC shall file an opposition or a statement of non-opposition to plaintiff's motion and/or shall file a request that the court set aside the Clerk's August 26, 2009 entry of default. See Fed. R. Civ. P. 55(c). If Campbell and/or JC Show Horses, LLC requests that the court set aside the Clerk's entry of default judgment, that request shall also be noticed for hearing on January 27, 2010.

On or before January 13, 2010, plaintiff shall file a response to any opposition and/or any request to set aside default filed by Campbell and/or JC Show Horses, LLC, and shall indicate the effect of Campbell's November 25, 2009 filing and any subsequent filing(s) by Campbell and/or JC Show Horses, LLC on plaintiff's motion for default judgment. If Campbell and/or JC Show Horses, LLC files a request to set aside the Clerk's entry of default, Campbell and/or JC Show Horses, LLC may file a reply to plaintiff's opposition thereto on or before January 20, 2010.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motion for entry of default judgment, Dckt. No. 23, is rescheduled for hearing on January 27, 2010 at 10:00 a.m. before the undersigned.

2. On or before January 6, 2010, Campbell and/or JC Show Horses, LLC shall file an opposition or a statement of non-opposition to plaintiff's motion and/or shall file a request that the court set aside the Clerk's August 26, 2009 entry of default.

3. On or before January 13, 2010, plaintiff shall file a response to any opposition and/or any request to set aside default filed by Campbell and/or JC Show Horses, LLC, and shall indicate the effect of Campbell's November 25, 2009 filing and any subsequent filing(s) by Campbell and/or JC Show Horses, LLC on plaintiff's motion for default judgment.

4. If Campbell and/or JC Show Horses, LLC files a request to set aside the Clerk's entry of default, Campbell and/or JC Show Horses, LLC may file a reply to plaintiff's opposition thereto on or before January 20, 2010.

5. If Campbell and/or JC Show Horses, LLC fails to comply with this order, the January 27, 2010 hearing may be vacated and default judgment may be entered against Campbell and/or JC Show Horses, LLC.

6. The Clerk is directed to serve a copy of this order on defendants Campbell and JC Show Horses, LLCat the following address: 15151 E. Tokay Colony Road, Lodi, California 95240.*fn2


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.