passante v. hunter moore: request for entry of default and clerk's entry of default
DESCRIPTION
Brandi Passante v. Hunter Moore: Request for Entry of Default and Clerk's Entry of Default.TRANSCRIPT
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Linda S. McAleer, SBN 249233 Law Offices of Linda S. McAleer 7317 El Cajon Blvd, Suite 204A La Mesa, CA 91942 T 619-516-1601 F 866-635-1485 [email protected]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
BRANDI PASSANTE
Plaintiffs,
vs.
HUNTER MOORE, AN INDIVIDUAL, AND DOES 1-25,
Defendants.
Case No.: SACV 12-01866-JVS(ANx)
REQUEST FOR ENTRY OF DEFAULT; DECLARATION IN SUPPORT THEREOF
Plaintiff Brandi Passante ("Plaintiff") hereby requests that the Clerk of the
above-entitled Court enter default in this matter against Hunter Moore, an individual
("Defendant"), on the grounds that Defendant has failed to appear or otherwise
respond to the Complaint in this action within the time proscribed by the Federal
Rules of Civil Procedure.
Defendant was served with summons and complaint on or about November 2, 2012.
Proof of service on Defendant was previously filed with the Court on or about November 6, 2012.
Case 8:12-cv-01866-JVS-AN Document 31 Filed 02/12/13 Page 1 of 4 Page ID #:236
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The above stated facts are set forth in the accompanying declaration of Linda
S. McAleer, filed herewith.
Dated: February 12, 2013 Respectfully submitted,
Linda S. McAleer Attorney for Plaintiff, Brandi Passante
Case 8:12-cv-01866-JVS-AN Document 31 Filed 02/12/13 Page 2 of 4 Page ID #:237
- 3 - REQUEST FOR ENTRY OF DEFAULT; DECLARATION IN SUPPORT THEREOF
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DECLARATION OF LINDA MCALEER
I, Linda McAleer, declare as follows:
1. I am an attorney at law, duly admitted to practice before the Courts of the State
of California and the United States District Court for the Central District of California. I am
the attorney for Plaintiff Brandi Passante in an action styled Passante v. Moore, case number
SACV 12-01866-JVS(ANx)
2. I make this Declaration in support of Plaintiff’s request that the Court Clerk
enter default in this matter against Defendant Hunter Moore, an individual. Except as
otherwise expressly stated to the contrary, I have personal knowledge of the following facts
and, if called as a witness, I could and would competently testify as follows:
3. I am informed and believe that, on or about November 2, 2012, Defendant was
served with Summons and Complaint.
4. I am informed and believe that the Proof of Service on Defendant was
previously filed with the court on or about November 6, 2012.
5. I am informed and believe that Defendant has not responded or appeared to the
Court in any manner.
6. On or about January 23, 2013, the Court issued an Order to Show Cause
("OSC"), which required either an Answer or Request for Entry of Default to be filed on or
before February 13, 2013.
7. I am informed and believe that counsel for Defendant first contacted my office
on or about January 31, 2013. The Parties thereafter discussed meaningful settlement
discussions and will continue working towards resolving this matter.
Case 8:12-cv-01866-JVS-AN Document 31 Filed 02/12/13 Page 3 of 4 Page ID #:238
- 4 - REQUEST FOR ENTRY OF DEFAULT; DECLARATION IN SUPPORT THEREOF
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8. I am unaware of any answer that has been accepted by the Court and I have
confirmed this using PACER on February 11, 2013. Therefore, Plaintiff requests entry of
default against defendant Hunter Moore.
I declare under penalty of perjury that the foregoing is true and correct under the laws of the
United States of America.
Executed this 12 February, 2013, at La Mesa, California,
Linda McAleer Attorney for Plaintiff, Brandi Passante
Case 8:12-cv-01866-JVS-AN Document 31 Filed 02/12/13 Page 4 of 4 Page ID #:239
CV-37 (10/01) DEFAULT BY CLERK F.R.Civ.P. 55(a)
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
PLAINTIFF(S)v.
DEFENDANT(S).
CASE NUMBER
DEFAULT BY CLERKF.R.Civ.P. 55(a)
It appearing from the records in the above-entitled action that summons has been served upon thedefendant(s) named below, and it further appearing from the affidavit of counsel for Plaintiff, and otherevidence as required by F.R.Civ.P. 55(a), that each of the below defendants have failed to plead or otherwisedefend in said action as directed in said Summons and as provided in the Federal Rules of Civil Procedure:
Now, therefore, on request of counsel, the DEFAULT of each of the following named defendant(s) ishereby entered:
Clerk, U. S. District Court
By Date Deputy Clerk
Case 8:12-cv-01866-JVS-AN Document 32 Filed 02/14/13 Page 1 of 1 Page ID #:240