Free Motion for Entry of Default - District Court of California - California

Case 3:07-cv—02525—I\/II\/IC Document 10 Filed 10/15/2007 Page 1 of 3
1 THOMAS E. FRANKOVICH (State Ear No. fi?-4414}
THOMAS E. FRANICOVICH.
2 A Professionai Low Corporation
2806 ‘~/at1Ne-as Avenue
3 San Francisce, CA 94199
Telephone: 41 Sfd?4-8689
4 Facsimile: 4l5I674—99Ui.I
Attomeys for Plaintiffs
5 CRAIG YATES
and DISABILITY RIGHTS
6 ENFORGEl·»·IENT, EDUCATION,
SERVICES: HELPING YOU
I HELP OTHERS
S
9 UNITED STATES DISTRICT COURT
18 NORTHERN DISTRICT OF CALIFORNIA
ll CRAIG YATESr an individual; and ] CASE N O. Cl]?-2525-MMC
DISABILITY RIGHTS ENFORCEMENT, g
I2 EDUCATION, SERVICES: HELPING REQUEST TO ENTER DEFAULT
YOU HELP OTHERS, a California public ]
I3 benefit cerperatien, J
Plaintiffs, }
14 )
tr. )
I5 )
D da A cars INC.: XAIN S. HUANG and )
ld CINDY O. CAO. as trustees ef the XAIN )
HUANG and CINDY CAO LIVING }
I2 TRUST, )
I
I 8 Defendants. }

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TO: THE CLERK OF THE AEO"·.IE—ENTITLED COURT
2l
Plaintiffs CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT
22
EDUCATION SERVICES: HELPING YOU HELP OTHERS hereby request that the Clerk of
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the abore—ent.itled Court enter default in this matter against defendants XAIN S. HUANG and
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CINDY Q. CAO, as trustees ef the XAJN IIUANG and CINDY CAO LIVING TRUST en the
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grnund that said defendants have failed to respond te the ccrnplaint within the time prescribed
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by the Federal Rules ef Civil Prneedure.
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Hf
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aeetreszr no srrrea nerauer 1

Case 3:07-cv-02525-I\/II\/IC Document 10 Filed 10/15/2007 Page 2 of 3
I Plaintiff served the complaint and sunimons on defendmts XAIN S. HUANG and
2 CINIDY Q. CAO, as trustees of the XAIN HUANG and CINCIDY CAO LIVING TRUST on July
3 5, 2002, as evidenced by the proof of service of summons on tile with the Court. As of the
4 date of this request, defendants have failed te file a responsive pleading with the Court.
5 The above stated facts are set forth in the accompanying declaration of Thomas E.
6 Franitovich, filed herewith.
T
B Dated: October I5, 2007 THOMAS E. FRANKOVICH
9 A PROFESSIONAL LAW CORPORATION
I0
Ev: fsf
I1 Thomas E. Frariknvtch
Attorneys for Plaintiffs CRAIG YATES and
I2 DISABILITY RIGHTS, ENFORCEMENT.
{L3 EDUCATION SERVICES
ici
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asetrssr ro smtstt Dssaotr 2

Case 3:07-cv—02525—l\/ll\/IC Document 10 Filed 10/15/2007 Page 3 of 3
1 CERTIFICATE OR PROOF OF SERVICE
2 State of California l
} ss
3 County of San Francisco l
-=‘l I, the undersigned, say: I am and was at all times herein nientioned, a resident of the
City and County of San Francisco, over the age of eighteen (IS) years and not a party to the
5 within action or proceeding; that my business address is 2306 Van Ness Avenue, San
Francisco, CA 94lil·9·546t]; that on the below date, following normal business practice, I
6 served the foregoing document, described as:
2 REQUEST TO ENTER DEFAULT
S on the interested parties in this action, conveyed as follows:
9 E by depositing true copies thereof, enclosed in a sealed envelope, with postage thereon
fully prepaid:
li} E in first class U.S. Mail
III in ___ priority or standard overnight mail via Federal Express.
l l
I am readily familiar with this office’s practice for collection and processing of
12 correspondence for mailing with the United States Postal Service or Federal Express.
In the ordinary course of business, correspondence, including said envelope, will he
13 deposited with the United States Postal Service or Federal Express in San Francisco.
it-i El by transmitting via facsimile to the fax numberfsj set forth below.
l5 El hy caushtg personal delivery by Western Messenger Service.
I6 Cl by personal hand-delivery.
l? addressed to:
Xain S. Huang, Trustee Cindy Q. Cao, Trustee
13 346 T"' Street 346 T"` Street
Oakland, CA 946tlT Oakland, CA 94607
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2lZi
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I declare under penalty of perjug under the laws of the State of California that I am
22 employed in the office of a member of e har of this court at whose direction the service was
made, and that the foregoing is true and correct. E1tec_ut_e_d__on October i5, 2iJil·'I·’, at San
23 Francisco, California.
24 wi
M CE OPE
25 {Original signed}
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Case 3:07-cv-02525-MMC

Document 10

Filed 10/15/2007

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Case 3:07-cv-02525-MMC

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Case 3:07-cv-02525-MMC

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