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J & J Sports Productions, Inc v. Dulce Torres

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


September 20, 2011

J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
v.
DULCE TORRES, INDIVIDUALLY AND D/B/A PRIME TIME BAR AND GRILL A/K/A EL MALECON BAR & GRILL, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is plaintiff's unopposed application for default judgment (Dkt. No. 8), which is set for a hearing before the undersigned on September 22, 2011.*fn1 On September 20, 2011, plaintiff filed an amended notice regarding the hearing date, which re-notices the hearing on plaintiff's motion for default judgment for October 20, 2011 (Dkt. No. 10). Plaintiff served defendant with the new notice.

Plaintiff's amended notice is disregarded, and the hearing on plaintiff's application for default judgment shall remain on the undersigned's September 22, 2011 calendar. To the extent that plaintiff's counsel cannot attend the hearing in person or by telephone, his attendance is excused. The only reason that the undersigned intends to conduct the hearing on September 22, 2011, is to ascertain whether defendant has any desire to defend herself in this action. If defendant does not appear at the September 22, 2011 hearing, the undersigned will resolve plaintiff's motion on the basis of plaintiff's brief and the record. If defendant appears at the September 22, 2011 hearing, then the undersigned will continue the hearing until October 20, 2011.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's amended hearing notice (Dkt. No. 10) is disregarded.

2. The hearing on plaintiff's application for default judgment shall remain on the undersigned's September 22, 2011 calendar.

3. Plaintiff's appearance at the September 22, 2011 hearing is excused. 4. If defendant does not appear at the September 22, 2011 hearing, plaintiff's application will be decided on the basis of plaintiff's brief and the record. If defendant appears at the September 22, 2011 hearing and expresses an intention to defend herself in this action, the undersigned shall conduct a second hearing on October 20, 2011.

5. The Office of the Clerk is directed to serve a copy of this order on defendant at the following address:

Dulce Torres 2518 East Fremont Street Stockton, CA 95205 IT IS SO ORDERED.


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