UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Hagiwara Sys-Com US CO., LTD.,
Defendant.
Case No. 3:15-cv-00331-H-BGS
REQUEST FOR ENTRY OF
DEFAULT OF DEFENDANT
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
COMES NOW the Plaintiff, e.Digital Corporation (“Plaintiff” or
“e.Digital”), by and through its attorneys, HANDAL & ASSOCIATES, and hereby requests that this Honorable Court direct the Clerk of this Court to enter the default against Defendant Hagiwara Sys-Com US CO., LTD. (“Hagiwara” or “Defendant”) in the above-titled matter pursuant to Fed. R. Civ. P. 55(a) on the grounds that this Defendant has failed to plead or otherwise defend against Plaintiff’s Complaint (“Complaint”) (Dkt #1) within the time prescribed by Fed. R. Civ. P. 12(a). In support thereof, Plaintiffs state as follows:
1. On February 17, 2015, the Complaint was filed in this action by
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
e.Digital in this matter. (Dkt #1).
2. Plaintiff’s Complaint alleges patent infringement arising under the
laws of the United States relating to patents, 35 U.S.C. § 101, et. seq., including,
without limitation, §§ 271, 281 et. seq. (Dkt #1).
3. Plaintiff seeks damages and related relief pursuant to the abovementioned
statutes and/or all relevant provisions of law.
4. The Clerk of the Court issued the Summons (“Summons”) on or about February 17, 2015. (Dkt # 3).
5. The Summons and Complaint in this action were personally served
upon an authorized agent who accepted service on behalf of Defendant. (See, Dkt # 9 et seq.). (See, Declaration of Pamela C. Chalk ("Chalk Decl."), and Exhibits A-D filed herewith). Originally, Defendant’s response to the Complaint was due on or
about April 8, 2015.
6. On April 16, 2015, Plaintiff, at the request of Defendant’s apparent
authorized agents and/or officers, filed an unopposed motion to extend the time for Hagiwara to answer or otherwise respond to the Complaint until May 22, 2015.(See, Dkt # 10). Defendant via its apparent agents and/or officers were provided a
conformed copy of the motion.
7. On April 16, 2015 the Court, for good cause shown, granted the
motion. (See, Dkt # 11). Pursuant to the Court’s order, Defendant’s answer and/or
response to Plaintiff’s complaint was due on or before May 22, 2015.
8. Pursuant to Fed. R. Civ. P. 12(a), Defendant was required to answer or otherwise respond to the Complaint no later than May 22, 2015. No response or
answer was filed within the deadline specified.
9. Defendant has not filed its answer or response. Defendant has also
not contacted Plaintiff’s attorneys requesting an extension to answer or otherwise respond.
10. Federal Rule of Civil Procedure 55(a) provides that “when a party
against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.”
11. Defendant is not a minor or an incompetent person.
WHEREFORE, Plaintiff respectfully requests this Honorable Court grant this instant request and direct the Clerk of this Court to enter a default against Defendant Hagiwara Sys-Com US CO., LTD., for failure to timely plead or otherwise defend against Plaintiff’s Complaint.
Respectfully submitted,
Dated: June 3, 2015
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk__________________
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
e.Digital Corporation
