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Craigslist, Inc. v. Hubert

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Oct 25, 2011

Judgment

CaseIQ

JAMES WARE

ORDER REQUIRING COUNSEL TO PRODUCE APPROPRIATE WITNESSES FOR AN EVIDENTIARY HEARING ON OCTOBER 31, 2011

Presently before the Court is Defendant's Motion to Vacate Default Judgment. A hearing on the Motion is scheduled for October 31, 2011. In his Motion, Defendant contends that the Court's Judgment against him must be vacated because he was never properly served with notice of this action. (See Motion at 1.)

(Defendant Paul Hubert's Notice of Motion and Motion to Vacate Default Judgment (FRCP 60(b)(4)), hereafter, "Motion," Docket Item No. 65.)

Upon review of the papers submitted to date, the Court finds that an evidentiary hearing is necessary on the question of whether Defendant was properly served with notice of this action. Accordingly, the Court ORDERS that counsel for both parties secure their respective witnesses to give testimony under oath at the October 31, 2011 hearing.

JAMES WARE

United States District Chief Judge

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

Brian Patrick Hennessy bhennessy@perkinscoie.com

Elizabeth L. McDougall EmcDougall@perkinscoie.com

Jeffrey Michael Hanson Jhanson@perkinscoie.com

Liling Poh lpoh@perkinscoie.com

Matthew William Kumin matt@kuminsommers.com

Richard W. Wieking, Clerk

Susan Imbriani

Courtroom Deputy