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

Case 3:07-cv-04762-PJH

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Filed 12/19/2007

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SCOTT N. SCHOOLS United States Attorney THOMAS MOORE (ASBN 4305-O78T Assistant United States Attorney Chief, Tax Division 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6935 HUONG T. BAILIE (NYBN 4035739) Special Trial Attorney 160 Spear Street, 9th Floor San Francisco, California 94105 Telephone: (415) 227-5123 ALLYSON B. BAKER (DCBN 470873) Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 7238 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 202-353-8031 Facsimile: (202) 514-6770 Email: [email protected] Attorneys for Plaintiff, the United States of America

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, the United States of America respectfully requests that the Clerk of the Court enter the default of Defendant Derivium Capital (USA), Inc., ("Derivium USA") for its failure to answer or otherwise respond to the Complaint. In support of this request, the United States alleges as follows: v. CHARLES CATHCART et al. Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA Plaintiff, ) ) ) ) ) ) ) ) )

Civil No. 03:07-4762-PJH APPLICATION FOR ENTRY OF DEFAULT BY CLERK OF THE COURT AS TO DERIVIUM CAPITAL (USA), INC.

Case 3:07-cv-04762-PJH

Document 17

Filed 12/19/2007

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1. On October 10, 2007, Derivium USA's registered agent, Corporation Service Company, was served as set forth in Rule 4(h)(1)(B) of the Federal Rules of Civil Procedure. 2. On October 10, 2007, Derivium USA was served by leaving the summons and copy of the complaint with Jody Wiley, a legal assistant employed by Corporation Service Company, who is over eighteen years of age. See Exhibits A, B to Baker Declaration, attached hereto. 3. Under Rule 12(a)(1)(A) of the Federal Rules of Civil Procedure, Derivium USA had twenty days from October 10, to answer or otherwise respond to the Complaint. This time period expired on October 30, 2007. 4. To date, Derivium USA has neither filed nor served an answer or other response to the Complaint.

Dated: December 19, 2007 Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

/s/ Allyson B. Baker ALLYSON B. BAKER Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 7238 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 202-353-8031

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Case 3:07-cv-04762-PJH

Document 17

Filed 12/19/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yuri Debevc (pro se) 1483 Burningtree Road Charleston, SC 29412

CERTIFICATE OF SERVICE I hereby certify that on December19, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System which will send notification of such filing to the following: Farley J. Neuman ([email protected]) Tom Prountzos ([email protected]) Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery Street, 10th Floor San Francisco, CA 94104 Attorneys for Defendant, Robert Nagy I further certify that on December 19, 2007, service of the foregoing was made upon the following by depositing a copy in the United States mail, postage prepaid:

/s/ Allyson B. Baker ALLYSON B. BAKER Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 7238 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 202-353-8031 Email: [email protected]

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