Opinion
Case No.: 5:10-CV-1055 EJD
11-02-2011
ZHIXUN SAMUEL SUN, Plaintiff, v. RICKENBACKER COLLECTIONS, Defendant.
ORDER VACATING HEARING AND REFERRING MOTION FOR
DEFAULT AND MOTION FOR DEFAULT JUDGMENT
(Re: Docket No. 46)
On May 24, 2011, Plaintiff Zhixun Samuel Sun ("Sun") filed a motion for entry of default and a motion for entry of default judgment against Defendant Rickenbacker Collections ("Rickenbacker"). Although both motions are noticed for hearing before the undersigned, upon reviewing the motions, it is apparent the motions are directed to the clerk's office pursuant to Fed. R. Civ. P. 55(a) and Fed. R. Civ. P. 55(b)(1). The court therefore vacates the hearing set for November 4, 2011 and refers the motions to the clerk's office for the appropriate determination.
EDWARD J. DAVILA
United States District Judge