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DeWolf v. Trinity Hope Associates, L.L.C.

United States District Court, N.D. California

July 25, 2016

Vernon DeWolf, Plaintiff,
v.
Trinity Hope Associates, L.L.C., Defendant.

          ORDER REGARDING MOTION FOR DEFAULT JUDGMENT Re: Dkt., 14

          KANDIS A. WESTMORE JUDGE

         Plaintiff has filed a Motion for Default Judgment. (Dkt. No. 14.) Plaintiff shall file a proposed order on or before August 5, 2016. The submission shall be structured as outlined in Attachment A below and include all relevant legal authority and analysis necessary to establish the case. Plaintiff shall also email the proposed order in Microsoft Word (.docx) format to kawpo@cand.uscourts.gov. No chambers copies of the proposed findings need to be submitted.

         Plaintiff is ordered to serve this notice upon all other parties in this action.

         IT IS SO ORDERED.

         ATTACHMENT A

         INTRODUCTION

         (Relief sought and disposition.)

         BACKGROUND

         (The pertinent factual and procedural background, including citations to the Complaint and record. Plaintiff(s) should be mindful that only facts in the Complaint are taken as true for purposes of default judgment; therefore, Plaintiff(s) should cite to the Complaint whenever possible.)

         DISCUSSION

         A. Jurisdiction and Service of Process

         (Include the following standard)

         In considering whether to enter default judgment, a district court must first determine whether it has jurisdiction over the subject matter and the parties to the case. In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who has failed to plead or otherwise defend, a district court has an affirmative duty to look into its jurisdiction over both the subject matter and the parties.”).

         1. Subject ...


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