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Joe Hand Promotions, Inc v. Thomas Rich Mcinnis

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 13, 2010

JOE HAND PROMOTIONS, INC.,
PLAINTIFF,
v.
THOMAS RICH MCINNIS, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER VACATING THE CASE MANAGEMENT CONFERENCE

Plaintiff filed an ex parte application for an order vacating the Case Management Conference in this action, currently set for Wednesday, December 15, 2010 at 2:00 P.M. Plaintiff 19 claims that this request is necessitated by the fact that Plaintiff will soon be filing an application for 20 default judgment.

Plaintiff is correct that the clerk entered default as to defendants Thomas McInnis and Sarah Unger. See Dkt. Nos. 19, 28. Defendant McInnis, however, timely filed his answer with the clerk 23 of this court. See Dkt. No. 29. For unknown reasons, the answer was not entered on ECF until 24 after the entry of default. Thus, default against Defendant McInnis appears to have been entered in 25 error. Until this error is addressed, the Court will not entertain a motion for default judgment 26 against Defendant McInnis.

Therefore, Plaintiff's motion is DENIED. Parties shall appear for the Case Management Conference set for Wednesday, December 15, 2010 at 2:00 P.M. in courtroom 4, 5th floor and be 3 prepared to address the propriety of the entry of default against Defendant McInnis.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20101213

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