Free Notice (Other) - District Court of California - California

Case 3:07-cv-02242-W-WMC

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Filed 07/23/2008

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Steele N. Gillaspey, Esq.
State Bar No. 145935 G ILLASPEY & G ILLASPEY The NBC Tower 225 Broadway, Suite 2220 San Diego, California 92101 Telephone: 619.234.3700 Attorney for Plaintiff, STORZ PERFORMANCE, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
) ) ) Plaintiff, ) vs. ) ) MOTO ITALIA, form unknown; ) LESLIE BULL, an individual; ) CYCLE PERFORMANCE ) PRODUCTS, INC.; JOHN BASORE, ) an individual, and, DOES 1 to 100, ) Inclusive, ) ) Defendants. ) _____________________________ ) STORZ PERFORMANCE, INC., a California corporation,

Case No. 3:07-CV-02242 W (WMC)

DATE: TIME: PLACE:

September 15, 2008 10:30 a.m.

Hon. Thomas J. Whelan
Courtroom No. 7

N OTICE OF M OTION AND M OTION RE:
STORZ PERFORMANCE, INC. MOTION FOR RULE 55 JUDGMENT NO ORAL ARGUMENT PER COURT

Honorable Thomas J. Whelan
United States District Court Judge

Honorable William McCurine, Jr.
United States Magistrate Judge
STORZ v MOTO ITALIA NOTICE & MOTION 3:07CV02242

Case 3:07-cv-02242-W-WMC

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Filed 07/23/2008

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TO ALL PARTIES AND INTERESTED PERSONS:

P LEASE T AKE N OTICE that Plaintiff STORZ PERFORMANCE, INC., on
September 15, 2008 at 10:30 a.m., or as soon thereafter as the matter may be heard in Courtroom 7 of the above entitled Court located at 940 Front Street, San Diego, California, before the

Honorable Thomas J. Whelan, U.S. District Court Judge, Judge Presiding, will move and hereby
does move for entry of judgment under Fed.R.Civ.P., Rule 55, in the proposed form as submitted herewith. Please be advised that the Court will not be setting this matter for oral argument. This Motion will be based upon this Notice of Motion and Motion, the Memorandum of Points & Authorities in Support of Motion, the Declaration of Steve Storz (Storz Performance, Inc.), the Notice of Lodgment of Exhibits (Declaration of Steele N. Gillaspey), the documents, records and papers on file in this case, and upon such other and further matter as this Honorable Court may deem just, proper and necessary. Respectfully submitted,

DATED: July 18, 2008
GILLASPEY & GILLASPEY /s/ STEELE N. GILLASPEY ___________________________________ Steele N. Gillaspey, Esq., Attorney for Plaintiff, STORZ PERFORMANCE, INC.

By:

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STORZ v MOTO ITALIA

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NOTICE & MOTION 3:07CV02242

Case 3:07-cv-02242-W-WMC

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Filed 07/23/2008

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I, the undersigned, do declare that I am employed in the county aforesaid; that I am over the age of eighteen [18] years and not a party to the within entitled action; and that I am executing this proof at the direction of a member of the bar of the above entitled Court. The business address is:
G ILLASPEY & G ILLASPEY
The NBC Tower, 225 Broadway, Suite 2220

San Diego, California 92101

O MAIL. I am readily familiar with the business' practice for collection and processing of correspondence for mailing via the United States Postal Service and that the correspondence would be deposited with the United States Postal Service for collections that same day. G FACSIMILE. I am readily familiar with the business' practice for collection and processing of correspondence for electronic transmission and that the correspondence was successfully transmitted by facsimile that same day in the ordinary course of business. G OVERNIGHT. I am readily familiar with the business' practice for collection and processing of correspondence for overnight delivery/receipt next day via a major carrier such as UPS, FED EX, DHL or similar carrier, and same were deposited that same day. G ELECTRONIC. I am readily familiar with the business' practice for collection and processing of documents via its electronic (e-mail) system and said documents were successfully transmitted via e-mail that same day. G PERSONAL. The below described documents were personally served that day.

On the date indicated below, I served the within: Notice of Motion (Rule 55) Memorandum of Points & Authorities Storz Declaration Gillaspey Declaration & Exhibits [Proposed] Judgment The above documents were served as set forth above and addressed as follows: Leslie Bull MOTO ITALIA 1060 Petaluma Blvd. N. Petaluma, CA 94952 John Basore CYCLE PERFORMANCE PRODUCTS 2724 Spring Garden Road Winston-Salem, NC 27106

I declare under penalty of perjury, under the laws of the United States, that the foregoing is 22 true and correct and was EXECUTED on July 23, 2008 at San Diego, California. 23 24 25 26 27 28
STORZ v MOTO ITALIA

/s/ NICOLE HARRIS _______________________________

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NOTICE & MOTION 3:07CV02242