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Operating Engineers Pension Trust Fund, et al v. Terrasearch

UNITED STATES DISTRICT COURT Northern District of California Oakland Division


May 26, 2011

OPERATING ENGINEERS PENSION TRUST FUND, ET AL.,
PLAINTIFFS,
v.
TERRASEARCH, ET AL.,
DEFENDANTS.

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

CONFERENCE ORDER SETTING STATUS COURT OURT [ECF No. 18]

STATES 17 At the May 26, 2011 hearing on Plaintiffs' motion for default judgment, ECF No. 18, S S 18 Terrasearch made its initial appearance. Terrasearch's counsel orally requested an opportunity to 19 file a motion to vacate the default and to oppose default judgment.

20 Given this development, the court defers its report and recommendation on Plaintiffs' motion for 21 default judgment. See United States v. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (standard for 22 setting aside entry of default).Defendants' counsel will file his motion before the district court. 23 Given the procedural posture of this default judgment case (including prior written and telephone 24 communications with Defendants and personal service on them), the court sets a status conference 25 for June 23, 2010 at 10:30 a.m. on its regular case management calendar in Courtroom 4, 1301 Clay 26 Street, Oakland, California. See Declaration of Shaamini A. Babu, ECF No. 19 at 3, ¶ 12, and ECF 27 No. 29-1 at 3 (client billing records showing calls on December 14, 2010 and April 28, 2011 about 28 default judgment and need for counsel). If the case is proceeding before Judge Armstrong, or if the briefing schedule means that another date makes more sense, the parties may alter this date by 2 stipulation after considering the court's online calendar. 3 IT IS SO ORDERED. 4 Dated: May 26, 2011

20110526

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