Board of Trustees of the California Ironworkers Field Pension Trust et al v. South Bay Iron, Inc.

Filing 13

ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. For the reasons stated herein, a Response to Order to Show Cause is due by 4/3/2018. (Motion for Default Judgment as to South Bay Iron, Inc.) (cw)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-9141 FMO (ASx)

Title

Board of Trustees of the California Ironworkers Field Pension Trust et al v.
South Bay Iron, Inc.

Present: The Honorable

Date

March 20, 2018

Fernando M. Olguin, United States District Judge

Cheryl Wynn

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:
(In Chambers) Order Re: Further Proceedings
On March 19, 2018, the Clerk entered default as to South Bay Iron, Inc.. Accordingly,
IT IS ORDERED THAT:
1. Plaintiff shall file and serve a motion for default judgment no later than April 3, 2018,
and notice it for hearing pursuant to the Local Rules. The motion shall include all types of relief
plaintiff seeks, i.e., damages, injunctive relief and attorney’s fees. Failure to include a request for
a particular type of relief shall result in the denial of the relief omitted from the moving papers.
At a minimum, plaintiff’s motion shall address: (a) procedural history of the action, (b) the
requirements set forth in Local Rule 55-1; (c) the default judgment factors set forth in Eitel v.
McCool, 782 F.2d 1470 (9th Cir. 1986); (d) the legal authority that sets out the elements of the
causes of action upon which plaintiff seeks default judgment;1 and (e) the legal and factual basis
– with specific citations to statutes and case law – for its damages calculations and attorney’s fees
claims. The damages calculations must be supported by detailed, clear, and thorough
calculations, and cite to the underlying admissible evidence, such as contracts, spreadsheets, and
declarations. Plaintiff’s motion must include the calculations within the text of the memorandum
of points and authorities and, if appropriate, include a separate table or chart entitled,
“Calculations Summary.”
2. Plaintiff is advised that failure to failure to file the motion for default judgment by the
deadline set forth above or comply with the requirements set forth in this Order and/or to provide
sufficient information for the court to make a determination as to any issue or damages
calculation, may result in the motion being denied and/or the action against defendant being
dismissed for failure to prosecute and/or to comply with a court order. See Fed. R. Civ. P. 41(b);
Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
Initials of Preparer

cw

1

Plaintiff should consider the number of claims upon which it seeks default judgment. To
the extent the relief plaintiff seeks can be obtained under one claim, it is not necessary – and may
only delay – to seek default judgment as to the other claims in the operative complaint.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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