(PS) Directv Inc v. Hunt, et al Doc.

53

Case 2:03-cv-01909-DFL-KJM Document 53 Filed 07/25/2005 Page 1 of 3

1 Alan J. Kessel (Cal. Bar No.: 130707)

Suzanne M. Burke (Cal. Bar No.: 188597)
2 Kimberly R. Colombo (Cal. Bar No.: 210451)
BUCHALTER, NEMER, FIELDS & YOUNGER
3 A Professional Corporation
18400 Von Karman Avenue, Suite 800
4 Irvine, California 92612-0514
Telephone: (949) 760-1121
5 Facsimile: (949) 720-0182

6 Attorneys for Plaintiff DIRECTV, INC.

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

10 SACRAMENTO DIVISION

11 DIRECTV, INC., a California corporation, Case No. CIV-S-03-01909 DFL KJM

12 Plaintiff, Hon. David F. Levi

13 vs. [PROPOSED] ORDER SETTING ASIDE

TERMINATION OF ACTION
14 HUNT, et al.,

15 Defendants.

16

17 Having read the Request to Set Aside Order Terminating Action filed herein by

18 Plaintiff DIRECTV, Inc., and such other pleadings and papers deemed appropriate by the Court,

19 and GOOD CAUSE appearing therefor, the Court ORDERS as follows:

20 1. The Order entered on April 11, 2005 terminating this action in full is vacated; and

21 2. Plaintiff DIRECTV, Inc., may re-notice its Motion for Default Judgment against

22 Defendant Ruiz to be heard before the Honorable Kimberly J. Mueller, or any other judge to

23 whom this matter may be assigned.

24

25 DATED: 7/22/2005 ___/s/ David F. Levi_______

Honorable David F. Levi
26 United States District Court
Eastern District of California
27

28
BNFY 592128v1 1 (CIV-S-03-01909 DFL KJM)
[PROPOSED] ORDER SETTING ASIDE TERMINATION OF ACTION

Dockets.Justia.com
 Case 2:03-cv-01909-DFL-KJM Document 53 Filed 07/25/2005 Page 2 of 3

1 PROOF OF SERVICE

2 I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action. My business address is at BUCHALTER, NEMER, FIELDS &
3 YOUNGER, A Professional Corporation, 18400 Von Karman Avenue, Suite 800, Irvine,
California 92612-0514.
4
On July 8, 2005, I served the foregoing document described as: [PROPOSED] ORDER
5 SETTING ASIDE TERMINATION OF ACTION on all other parties and/or their attorney(s) of
record to this action by placing a true copy thereof in a sealed envelope as follows:
6
***SEE ATTACHED LIST***
7
[X] BY OVERNIGHT DELIVERY I placed the Federal Express/Overnite Express
8 package for overnight delivery in a box or location regularly maintained by Federal
Express/Overnite Express at my office, or I delivered the package to an authorized courier or
9 driver authorized by Federal Express/Overnite Express to receive documents. The package
was placed in a sealed envelope or package designated by Federal Express/Overnite Express
10 with delivery fees paid or provided for, addressed to the person(s) on whom it is to be served at
the address(es) shown above, as last given by that person on any document filed in the cause;
11 otherwise at that party’s place of residence.

12 [X] 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.
13
Executed on July 8, 2005, at Irvine, California.
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Joanne D. Mealey ____/s/ Joanne D. Mealey________________
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(Signature)
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BNFY 592128v1 2 (CIV-S-03-01909 DFL KJM)
[PROPOSED] ORDER SETTING ASIDE TERMINATION OF ACTION
 Case 2:03-cv-01909-DFL-KJM Document 53 Filed 07/25/2005 Page 3 of 3

1 SERVICE LIST

2 Levi Ruiz VIA OVERNIGHT MAIL

3309 Santa Rosa Ave.
3 Santa Rosa, CA 95407

4
Levi Ruiz VIA U.S. MAIL
5 P.O. Box 1181
Rohnert Park, CA 94927
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BNFY 592128v1 3 (CIV-S-03-01909 DFL KJM)
[PROPOSED] ORDER SETTING ASIDE TERMINATION OF ACTION