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Daoust v. U Unlimited Inc.

UNITED STATES DISTRICT COURT Northern District of California Oakland Division


June 24, 2010

JAMES DAOUST, PLAINTIFF,
v.
U UNLIMITED INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge

ORDER RE-SETTING HEARING DATES AND SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION FOR RELIEF FROM ENTRY OF DEFAULT

On February 17, 2010, Plaintiff James Daoust filed a Complaint against Defendants U Unlimited, Inc. and Eitan Spanier. (Dkt. #1.) On April 14, 2010, Plaintiff filed his Request for Entry of Default. (Dkt. #6.) The Clerk entered Defendants' default on April 16, 2010. (Dkt. #7.)

On May 27, 2010, Plaintiff filed a Motion for Default Judgment and noticed it for hearing on July 1, 2010. (Dkt. #9.) Subsequently, on June 24, 2010, Defendants filed a Motion for Relief from Entry of Default Judgment (Dkt. #17), and lodged their Answer (Dkt. #16). Defendants, however, noticed their Motion for July 1, 2010, which does not comply with Civil Local Rule 7-2(a)'s requirement that motions be noticed at least 35 days after service of the motion. Accordingly, because the Motion does not comply with the Local Rules and because the noticed hearing date does not afford Plaintiff sufficient time to file an Opposition, the matter must be re-set. Further, because the relief Defendants request is directly related to Plaintiff's request for entry of default judgment, the Court must address the Motions at the same time.

Considering the foregoing factors, the Court HEREBY ORDERS as follows:

The Court VACATES the current July 1, 2010 hearing date on Plaintiff's Motion for Default Judgment.

The Court SETS Plaintiff's Motion for Default Judgment and Defendants' Motion for Relief from Entry of Default for hearing before the Court on August 12, 2010 at 3:00 p.m. The Court SETS the briefing schedule on Defendants' Motion as follows: Plaintiff's Opposition shall be due no later than July 9, 2010. Defendants' Reply will be due no later than July 16, 2010.

IT IS SO ORDERED.

20100624

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