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RICHARD I. FINE
Prisoner ID # 1824367
c/o Men\u2019s Central Jail
441 Bauchet Street
Los Angeles, CA 90012
Please take notice that Plaintiff hereby responds to the Re-Notice of Motion and Motion to Dismiss and moves to strike the Re-Notice of Motion and Motion to Dismiss and enter default and default judgment. The hearing is presently set for April 27, 2010, at 10:00 a.m. in Courtroom 640 of the U.S. Courthouse located at 255 E. Temple Street, Los Angeles CA, 90012.
STATE BAR OF CALIFORNIA;
BOARD OF GOVERNORS OF THE
STATE BAR OF CALIFORNIA;
SCOTT DREXEL, Chief Trial Counsel
of the State Bar of California; and THE
SUPREME COURT OF CALIFORNIA
(only as a necessary party);
COMBINED RESPONSE TO RE-
NOTICE OF MOTION TO DISMISS
AND MOTION TO STRIKE RE-
NOTICE OF MOTION AND
MOTION TO DISMISS AND
ENTER \DEFAULT JUDGMENT;
MEMORANDUM OF POINTS AND
OF RICHARD I. FINE
Date: April 27, 2010
Time: 10:00 a.m.
Place: Courtroom 640
The Re-Notice of Motion and Motion to Dismiss was sent electronically to the Clerk after the time to respond to the Complaint had passed and when the State Bar of California, the Board of Governors of the State Bar of California, and Scott Drexel, the Chief Trial Counsel of the State Bar of California were in default without an agreement to extend time to respond;
According to the copy of the Re-Notice of Motion and Motion to Dismiss on PACER, such document does not show a date for the electronic signature of Tracey L. McCormick, does not contain a memorandum of points and authorities and shows a wrong address for Plaintiff on the Proof of Service indicating that it was never served on the Plaintiff.
State Bar of California and Scott Drexel, Chief Trial Counsel of the State Bar of California, and their same lawyers made the same motion in related case No. CV- 08-2906 GW (CW) in which Fine was the Plaintiff. The State Bar Defendants lost the Motion. (See Report and Recommendation of Magistrate Judge filed March.26, 2009, Dkt. # 43, pages 16-18, accepted at Dkt. # 46). The ruling in case No. CV-08-2906 is both res judicata and collateral estoppel as to the State Bar Defendants in this case.
The Proofs of Service and Request to Enter Default show, filed on March 17, 2010, that Scott Drexel was served on February 10, 2010, and that the State Bar of California and the Board of Governors of the State Bar of California were each served on February 18, 2010, making their responses due on March 2, 2010 and March 10, 2010 respectively. As of such dates, PACER and the Request to Enter Default show that no response had been filed. They were in default.
The declaration of Richard I. Fine (hereinafter referred to as \u201cFine\u201d) shows that Fine had not been contacted by the State Bar Defendants, had not agreed to any extensions to respond and had not been served with any documents by the State Bar defendants. The Motion to Strike is based upon this Notice of Motion and Motion, the Memorandum of Points and Authorities, the Declaration
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