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For the Northern District of California

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UNITED 

STATES 

DISTRICT 

COURT

For the Northern District of California

UNITED STATES DISTRICT COURT

Northern District of California

IO GROUP, INC,

Plaintiff(s),

v.

 JASON JORDAN,

Defendant(s).

_____________________________________/

No. C 09-00884 MEJ

AMENDED ORDER FOR CLERK OF

COURT TO ENTER DEFAULT

ORDER FOR PLAINTIFF TO FILE

DEFAULT JUDGMENT MOTION

On May 5, 2009, the Clerk of Court entered default in this matter against Defendant Jason

Jordan. (Dkt. #7.) However, on November 25, 2009, the Honorable Phyllis Hamilton, the presiding

judge in this case at the time, set aside Defendant’s default. (Dkt. #40.) Judge Hamilton warned

Defendant that a further default would be entered should he not properly defend this action. (Dkt.

#41 at 1:24-25.) Subsequently, the parties filed a Joint Case Management Statement in which they

consented to assignment of this case to a magistrate judge. (Dkt. #42.)

On December 4, 2009, Judge Hamilton ordered that this matter be reassigned to the

undersigned magistrate judge for all purposes. (Dkt. #43.) However, the notice sent to Defendant

was returned as undeliverable. (Dkt. #48.) Further, on January 12, 2010, an ADR Clerk’s Notice

was also returned as undeliverable. (Dkt. #49.) Pursuant to Civil Local Rule 3-11(a), a party

“whose address changes while an action is pending must promptly file with the Court and serve

upon all opposing parties a Notice of Change of Address specifying the new address.” 

On January 14, 2010, Plaintiff filed a Separate Case Management Statement, in which

Plaintiff states that Defendant is not reachable at the address or telephone number he provided the

Court and that, although he is intermittently reachable via electronic mail, Plaintiff requested

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cooperation with regard to filing its statement but did not receive a response from Mr. Jordan. (Dkt.

#50.) Based on this inaction, the Court ordered Defendant to show cause why his default should not

be re-entered for failure to defend himself in this action and for failure to comply with court rules

and deadlines. (Dkt. #51.) The Court ordered Plaintiff to file a declaration by January 28, 2010, and

scheduled a hearing on February 4, 2010.

On February 4, 2010, the Court held a hearing on the matter. Defendant did not appear at the

hearing, and he did not file a declaration in response to the January 14, 2010 order to show cause. 

Accordingly, the Court hereby ORDERS the Clerk of Court to enter default against Defendant Jason

Jordan. Plaintiff shall file and notice a motion for default judgment forthwith. Defendant shall file

any opposition to Plaintiff's motion in compliance Civil Local Rule 7, and Plaintiff shall thereafter

file any reply. If Defendant does not file an opposition, Plaintiff shall file detailed proposed findings

of fact and conclusions of law, which shall address the factors in Eitel v. McCool, 782 F.2d 1470,

1471-72 (9th Cir. 1986), as well as provide the basis for the Court's subject matter and

personal jurisdiction, by the reply filing deadline under Rule 7. Plaintiff shall ensure that a copy of

the proposed findings is emailed to mejpo@cand.uscourts.gov. The Court prefers that proposed

findings be emailed in WordPerfect format; however, Microsoft Word format is also acceptable.

IT IS SO ORDERED.

Dated: February 8, 2010 _______________________________

Maria-Elena James 

Chief United States Magistrate Judge

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For the Northern District of California

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UNITED STATES DISTRICT COURT

FOR THE 

NORTHERN DISTRICT OF CALIFORNIA

IO GROUP, INC,

Plaintiff,

 v.

 JORDON,

Defendant. /

Case Number: 09-00884 MEJ 

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District

Court, Northern District of California.

That on February 8, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said

copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said

envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle

located in the Clerk's office.

Jason Jordon

P.O. Box 91742

Atlanta, GA 30364

Jason Jordan

nubian101@gmail.com 

Dated: February 8, 2010

Richard W. Wieking, Clerk

By: Brenda Tolbert, Deputy Clerk

Case 3:09-cv-00884-MEJ Document 54 Filed 02/08/10 Page 3 of 3