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

Case 5:07-cv-05068-PVT

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Filed 02/27/2008

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660-2423 (949) 752-2911 FAX (949) 752-0953

BART M. BOTTA, State Bar No. 167051 RYNN & JANOWSKY, LLP 4100 Newport Place Drive, Suite 700 Newport Beach, CA 92660-2423 Telephone: (949) 752-2911 Facsimile: (949) 752-0953 E-mail: [email protected] Attorneys for Plaintiffs TAYLOR FARMS CALIFORNIA, INC., PISMO-OCEANO VEGETABLE EXCHANGE, and ROBERT S. ANDREWS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION TAYLOR FARMS CALIFORNIA, INC., a corporation; PISMO-OCEANO VEGETABLE EXCHANGE, a corporation; ROBERT S. ANDREWS, individually and doing business as ROBERT S. ANDREWS FARMS, a sole proprietorship, CASE NO. C07-05068-PVT PLAINTIFFS' REQUEST FOR ENTRY OF DEFAULT BY CLERK AGAINST DEFENDANT REGIONAL SOURCE PRODUCE, INC., a corporation; DECLARATION OF BART M. BOTTA; EXHIBITS IN SUPPORT THEREOF

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Plaintiffs,

v.

REGIONAL SOURCE PRODUCE, INC., a corporation; THOMAS H. BUBNIS, an individual; KIM MARES, an individual, Defendants.

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07-219/Request for Default Entry

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Case 5:07-cv-05068-PVT

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Filed 02/27/2008

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660-2423 (949) 752-2911 FAX (949) 752-0953

TO:

THE CLERK OF THE ABOVE-ENTITLED COURT:

Plaintiffs TAYLOR FARMS CALIFORNIA, INC., a corporation; PISMOOCEANO VEGETABLE EXCHANGE, a corporation; and ROBERT S. ANDREWS, individually and doing business as ROBERT S. ANDREWS FARMS, a sole proprietorship, hereby request that default be entered by the Court against Defendant REGIONAL SOURCE PRODUCE, INC., ("Regional") a corporation, in accordance with Federal Rules of Civil Procedure ("FRCP") Rule 55(a). By declaration of BART M. BOTTA appended hereto and exhibits attached thereto, Plaintiffs have submitted proof of the following matters: 1. Despite being properly served with the Summons and Complaint in this

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matter, Regional has failed to timely appear in this action and has failed to present any defenses to Plaintiff's allegations. 2. Pursuant to Federal Rules of Civil Procedure, rule 55(a), when a party

against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by law, the clerk shall enter the parties default. This application is based on this Application, the pleadings filed previously with this Court, the Declaration of Bart M. Botta appended hereto and all exhibits attached to that declaration. DATED: February 27, 2008 RYNN & JANOWSKY, LLP

By:
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/s/Bart M. Botta BART M. BOTTA, Attorneys for Plaintiffs

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Case 5:07-cv-05068-PVT

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660-2423 (949) 752-2911 FAX (949) 752-0953

DECLARATION OF BART M. BOTTA I, BART M. BOTTA, declare as follows: 1. I am a partner with the law firm of Rynn & Janowsky, LLP, attorneys of

record for Plaintiffs TAYLOR FARMS CALIFORNIA, INC., a corporation; PISMOOCEANO VEGETABLE EXCHANGE, a corporation; and ROBERT S. ANDREWS, individually and doing business as ROBERT S. ANDREWS FARMS, a sole proprietorship ("Plaintiffs"). I make this declaration in support of Plaintiff's request for default against Defendant REGIONAL SOURCE PRODUCE, INC., ("Regional") a corporation. 2. I have personal knowledge of all matters set forth in this declaration and if

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called as a witness would and could competently testify thereto. 3. Plaintiffs' Summons and Complaints were duly served on Regional by the

following means: Defendant REGIONAL SOURCE PRODUCE, INC., a corporation: Served by personally serving authorized agent on October 15, 2007. A true and correct copy of the Proof of Service is attached hereto as Exhibit A. 4. Despite being served the Summons and Complaint described above,

Defendant Regional has not appeared in this action or otherwise responded to the Complaint within the time period allowed by law. 5. By virtue of Defendant Regional's failure to respond to Plaintiff's

Complaint, Plaintiff requests default be promptly entered against Regional. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this February 27th at Newport Beach, California.

/s/Bart M. Botta
BART M. BOTTA

07-219/Request for Default Entry

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