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

Case 3:07-cv-04946-JSW

Document 15

Filed 11/05/2007

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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) P A N IF ' L I T F S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANTS WEI-MAN RAYMOND TSE, JIAN XIAO, AND VICTOR SO UNDER FED. R. CIV. P. 55(a)

Pursuant to Fed. R. Civ. P. 55(a), Plaintiffs hereby apply for the entry of a default by the Clerk against Defendants Wei-Man Raymond Tse, Jian Xiao, and Victor So. As shown by the Declaration of Stephen S. Wu filed herewith in support of this Request ( " D c ri " t Wu el ao ) h a tn , e Plaintiffs filed their Complaint on September 24, 2007. Moreover, the Complaint and Summons were served (1) on Defendant Wei-Man Raymond Tse on September 27, 2007, (2) on Defendant -1P A N IF ' L I TF S REQUEST FOR ENTRY OF DEFAULT

Case 3:07-cv-04946-JSW

Document 15

Filed 11/05/2007

Page 2 of 2

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Jian Xiao on October 1, 2007, and (3) on Defendant Victor So on October 5, 2007. Under Fed. R. Civ. P. 12, the Defendants must serve an Answer or other response to the Complaint within twenty days from the date they were served with the Complaint and Summons. Defendant Wei-Ma R y od s'A s e o other response to the Complaint was due n am n Te nw r r s by October 17, 2007. D f dn J n i 'A s e o o e r pneo h C m ln w s u e nati Xa s nw r r t re os t t o p i a de e a o h s e at b O t e 2,07 D f dn Vc r os nw r r t repneo h C m ln w s u y c br 220. e nat io S 'A s eo o e r os tt o p i a de o e t h s e at by October 25, 2007. As shown by the Wu Declaration, as of 9 am on Tuesday, November 5, 2007, none of the Defendants has filed an Answer or other response to the Complaint. In addition, Plaintiffs' counsel has not received from Defendants Tse, Xiao, or So an Answer or other response to the Complaint in the mail, by fax, by email, or any other means. For the foregoing reasons, pursuant to Fed. R. Civ. P. 55(a), Plaintiffs respectfully request that the Clerk enter a default against Defendants Wei-Man Raymond Tse, Jian Xiao, and Victor So.

Respectfully Submitted, COOKE, KOBRICK, & WU LLP Dated: November 5, 2007 By: STEPHEN S. WU Attorneys for Plaintiffs

-2P A N IF ' L I TF S REQUEST FOR ENTRY OF DEFAULT