Free Order on Motion for Default Judgment - District Court of California - California

Case 5:07-cv-04886-HRL

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Filed 03/14/2008

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1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KAIWEN CAI, Plaintiff, v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's counsel is reminded of her obligation to register for e-filing under the court's CM/ECF program. See General Order No. 45.
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*ORDER E-FILED 3/14/2008*

United States District Court

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For the Northern District of California

No. C07-04886 HRL ORDER (1) GRANTING DEFENDANTS' MOTION TO SET ASIDE DEFAULT AND (2) DENYING AS MOOT PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT [Re: Docket Nos. 10 and 13]

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MICHAEL B. MUKASEY, Attorney General, MICHAEL CHERTOFF, Secretary, Department of Homeland Security, EMILIO GONZALEZ, Director, United States Citizenship and Immigration Services, CHRISTINA POULOS, Director, USCIS California Service Center, Defendants. /

Presently before this court is defendants' "Motion to Set Aside Entry of Default." The court is informed that defendants' motion was not served on plaintiff. Indeed, the docket does not indicate that the motion was sent to plaintiff's counsel, who apparently has not yet registered for e-filing.1 However, plaintiff's counsel has advised that, notwithstanding this procedural error, plaintiff does not oppose defendants' request to have default set aside. Accordingly, IT IS ORDERED THAT: 1. Defendants' motion to set aside default is granted as unopposed. The April 1,

2008 motion hearing is vacated.

Case 5:07-cv-04886-HRL

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Filed 03/14/2008

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2.

Because the entry of default has been set aside, plaintiff's motion for entry of

default judgment is denied as moot. 3. A case management conference is set for June 10, 2008, 1:30 p.m. in Courtroom

2. The parties' Joint Case Management Statement is due by June 3, 2008. Dated: March 14, 2008 HOWARD R. LLOYD

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UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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Case 5:07-cv-04886-HRL

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Filed 03/14/2008

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5:07-cv-4886 Notice has been electronically mailed to: Melanie Lea Proctor [email protected], [email protected] Counsel is responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

5:07-cv-4886 Notice has been delivered by other means to: 6 7 8 9 10 Xia Zhao Pacific Crossing Law Office 4950 Hamilton Avenue, Suite 209 San Jose, CA 95130

United States District Court

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For the Northern District of California

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