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

Case 3:07-cv-05094-CRB

Document 9

Filed 01/14/2008

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JAMES D. PETRUZZI (SBN 15853280) MASON & PETRUZZI 4900 Woodway, Suite 745 Houston, Texas 77056 Telephone: (713) 840-9993 Facsimile: (713) 877-9100 Attorneys for Plaintiff LARRY JUNKER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LARRY G. JUNKER Plaintiff, v. HDC CORPORATION Defendant.

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CIVIL ACTION NO. 3:07-cv-5094

JURY TRIAL DEMANDED

PLAINTIFF'S REQUEST TO CLERK FOR ENTRY OF DEFAULT AND PROPOSED ENTRY

Plaintiff Larry G. Junker ("Junker"), hereby requests the Clerk of the Court, pursuant to Rule 55(a) of the Federal Rule of Civil Procedure, enter default against defendant HDC Corporation in this cause for failure to plead or otherwise defend. Plaintiff served the complaint on Defendant HDC Corporation on November 21, 2007, evidenced by the proof of service of summons on file with this Court.

PLAINTIFF'S REQUEST TO CLERK FOR ENTRY OF DEFAULT AND PROPOSED ENTRY -- PAGE 1

Case 3:07-cv-05094-CRB

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Filed 01/14/2008

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Respectfully submitted,

/s/ James D. Petruzzi James D. Petruzzi Texas Bar No. 15853280 MASON & PETRUZZI 4900 Woodway, Ste. 745 Houston, Texas 77056 Telephone: (713) 840-9993 Facsimile: (713) 877-9100 eMail: [email protected]

PLAINTIFF'S REQUEST TO CLERK FOR ENTRY OF DEFAULT AND PROPOSED ENTRY -- PAGE 2

Case 3:07-cv-05094-CRB

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Filed 01/14/2008

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CERTIFICATE OF SERVICE

I hereby certify that on January 14, 2008 I electronically filed the foregoing PLAINTIFF'S REQUEST TO CLERK FOR ENTRY OF DEFAULT AND PROPOSED ENTRY with the clerk of court for the U.S. District Court, Northern District of California, using the electronic case filing system of the court. The following attorneys of record for Defendant have consented in writing to accept notice as service of this document by electronic means and are being served by a "Notice of Electronic Filing" sent by the electronic case filing ("ECF") system: [n/a]. /s James D. Petruzzi James D. Petruzzi

CERTIFICATE OF SERVICE

Case 3:07-cv-05094-CRB

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Filed 01/14/2008

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LARRY G. JUNKER Plaintiff, v. HDC CORPORATION Defendant.

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CIVIL ACTION NO. 3:07-cv-5094

JURY TRIAL DEMANDED

CLERK'S ENTRY OF DEFAULT Upon request of the Plaintiff for entry of default against defendant HDC Corporation who has failed to appear and failed to answer the Complaint in this cause, the Clerk of the Court has reviewed its file in this cause and is satisfied that the proof of service of summons and other pleadings filed therein establish that the defendant has been properly served with summons of the Complaint and has failed to plead, file an Answer, or otherwise appear. Therefore, upon request of the Plaintiff's counsel, default is hereby entered against defendant HDC Corporation.

Entered this _________ day of _______________, 2008.

__________________________ RICHARD W. WIEKING Clerk of the United States District Court For the Northern District of California BY: ______________________ Deputy Clerk

CLERK'S ENTRY OF DEFAULT