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

Case 3:07-cv-04835-JCS

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Filed 03/25/2008

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Matthew Franklin Jaksa (CA State Bar No. 248072) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: (415) 268-2000 Facsimile: (415) 268-1999 Email: [email protected] Attorneys for Plaintiffs, UMG RECORDINGS, INC.; SONY BMG MUSIC ENTERTAINMENT; ARISTA RECORDS LLC; ELEKTRA ENTERTAINMENT GROUP INC.; CAPITOL RECORDS, INC.; and BMG MUSIC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UMG RECORDINGS, INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; CAPITOL RECORDS, INC., a Delaware corporation; and BMG MUSIC, a New York general partnership, Plaintiffs, v. CASE NO. 3:07-CV-04835-JCS The Honorable Joseph C. Spero REQUEST TO ENTER DEFAULT

ELISE TAMAI, Defendant.

REQUEST TO ENTER DEFAULT Case No. 3:07-CV-04835-JCS
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Case 3:07-cv-04835-JCS

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Filed 03/25/2008

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TO THE CLERK OF THE ABOVE-ENTITLED COURT: Plaintiffs hereby request that the Clerk enter default in this matter against Defendant Elise Tamai ("Defendant") on the ground that Defendant has failed to appear or otherwise respond to the Complaint within the time prescribed by the Federal Rules of Civil Procedure. Declaration of Matthew Franklin Jaksa, ¶¶ 3, 5. Plaintiffs served the Summons and Complaint on Defendant on February 18, 2008, by substitute service, as evidenced by the proof of service on file with this Court. Id. ¶ 2, Exh. A. Neither Plaintiffs nor the Court have granted Defendant any extensions of time to respond to the Complaint. Id. ¶ 4. Plaintiffs are informed and believe that Defendant is not an infant or incompetent person or in the military service. Id. ¶¶ 6-7. Dated: March 25, 2008 HOLME ROBERTS & OWEN LLP

By: _________/s/ Matthew Franklin Jaksa___ MATTHEW FRANKLIN JAKSA Attorney for Plaintiffs

1 REQUEST TO ENTER DEFAULT Case No. 3:07-CV-04835-JCS
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Case 3:07-cv-04835-JCS

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Filed 03/25/2008

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PROOF OF SERVICE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I am employed in the office of Holme Roberts & Owen in San Francisco, California. I am over the age of eighteen years and not a party to the within action. My business address is 560 Mission Street, 25th Floor, San Francisco, CA 94105. On March 25, 2008, I served the foregoing documents described as: (1) REQUEST TO ENTER DEFAULT; (2) DECLARATION OF MATTHEW FRANKLIN JAKSA IN SUPPORT OF PLAINTIFFS' REQUEST TO ENTER DEFAULT; and (3) EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER on the interested party in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Elise Tamai 564 Alviso Street Santa Clara, CA 95050 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on March 25, 2008 at San Francisco, California.

Della Grant

1 Proof of Service Case No. 07-04835-JCS
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