Baoding Tianwei Group Co LTD v. PacifiCorp, No. 3:2007cv00862 - Document 223 (D. Or. 2014)
Court Description: OPINION AND ORDER: The Clerk is directed to enter default under Rule 55(a) against the Third-Party defendants on plaintiff's second amended counterclaims. The court sets a Prima Facie hearing on the Motion for Default Judgment Against Third Party Defendants Super Power Equipment Co. and Winbo International Corp. 213 for April 4, 2014 at 10:00 a.m., in Courtroom #9B. Ordered by Magistrate Judge Dennis J. Hubel. (kb)
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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF OREGON 7 PORTLAND DIVISION 8 9 10 BAODING TIANWEI GROUP CO., LTD, a foreign entity, 11 Plaintiff, 12 v. 13 PACIFICORP, an Oregon corporation, 14 Defendant. 15 16 PACIFICORP, an Oregon corporation, 17 18 19 20 Third-Party Plaintiff, v. WINBO INTERNATIONAL CORP., a California corporation; SUPER POWER EQUIPMENT CO., a California corporation, 21 Third-Party Defendants. 22 23 SUPER POWER EQUIPMENT CO., a California Corporation, 24 Counter-Claimant 25 v. 26 27 28 BAODING TIANWEI GROUP CO., LTD, a foreign entity, Counter-Defendant. Page 1 - OPINION AND ORDER No. 3:07-cv-00862-HU OPINION AND ORDER 1 HUBEL, Magistrate Judge: 2 Pursuant to Federal Rule of Civil Procedure ( Rule ) 55(a), 3 Plaintiff Baoding Tianwei Group Co. Ltd. ( Plaintiff ) moves for an 4 order of default against Third-Party Defendants Winbo International 5 Corp. and Super Power Equipment Co. (collectively, the Third-Party 6 Defendants ) on Plaintiff s second amended counterclaims filed in 7 this action and served on the Third-Party Defendants on September 8 30, 2013. 9 It s evident that service was effected on the Third-Party 10 Defendants and they have failed to plead or otherwise defend. 11 FED. R. CIV. P. 55(a) 12 affirmative relief is sought has failed to plead or otherwise 13 defend, and that failure is shown by affidavit or otherwise, the 14 clerk must enter the party s default"); see also Tiesing v. 357 15 Customs Inc., No. CIV S-07-0115, 2007 WL 4106985, at *1 (E.D. Cal. 16 Nov. 16, 2007) (entry of default is appropriate when the plaintiff 17 demonstrates, 18 effected on the defendant and that the defendant failed to respond 19 within the time specified by the [Rules]. ) 20 directs the Clerk to enter default under Rule 55(a) against the 21 Third-Party Defendants on Plaintiff s second amended counterclaims. 22 To the extent Plaintiff moves for a default judgment against 23 the Third-Party Defendants under Rule 55(b)(1), the Court declines 24 to do so because the claims do not appear to be for a sum certain 25 on this record. 26 2014, at 10:00 a.m., in courtroom 9B. 27 notify the Third-Party Defendants corporate representative, Lucy 28 Ni, about the upcoming hearing using the contact information listed by See ( When a party against whom a judgment for affidavit or otherwise, that service was The Court therefore A prima facie hearing is scheduled for April 4, Page 2 - OPINION AND ORDER The Clerk is directed to 1 on the District of Oregon s electronic filing system, which was 2 provided by the Third-Party Defendants former counsel during a 3 telephone hearing held on April 15, 2013. 4 Dated this 25th day of March, 2014. 5 /s/ Dennis J. Hubel _________________________________ DENNIS J. HUBEL United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 - OPINION AND ORDER
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