United States for the use of Hajoca Corporation v. Aeroplate Corporation, et al.

Filing 33

ORDER to File Supplemental Briefing: to Plaintiff's motion for default judgment, no later than 5/28/2013. signed by Magistrate Judge Barbara A. McAuliffe on 5/13/2013. (Herman, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNTIED STATES for the use of HAJOCA )
CORPORATION,
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Plaintiff,
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1: 12-cv-1287-AWI-BAM
ORDER TO FILE SUPPLEMENTAL
BRIEFING

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vs.

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AEROPLATE CORPORATION, MARY )
WILLIAMS and RONALD D.
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PATTERSON
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Defendant.
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___________________________________ )

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On March 15, 2013, Plaintiff United States for the use of Hajoca Corporation (“Plaintiff”) filed

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a motion for default judgment against Aeroplate Corporation, Mary Williams, and Ronald D. Patterson

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(“Defendants”) (Doc. 28). Having considered Plaintiff’s motion for default judgement (Docs. 28, 31)

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and accompanying submissions, the Court hereby orders that supplemental briefing and evidence be

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provided as follows.

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The Court determines that in its supplemental briefing, Plaintiff must address the following
deficiencies:
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Plaintiff did not include a memorandum of points and authorities explaining its
entitlement to default judgment pursuant to the factors enumerated in the Ninth Circuit’s
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decision in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986);

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2.

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Plaintiff did not brief the issue of this Court’s subject matter jurisdiction pursuant to the
Miller Act and whether and why the Miller Act applies to Plaintiff’s claims;

3.

Plaintiff did not brief how it arrived at its final calculations or whether Plaintiff is entitled

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to prejudgment interest. Further, the Court notes, Plaintiff’s first motion for default

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judgment alleges Defendants owe $66,991.26 (Doc. 29), but in further submissions

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Plaintiff argues that a total of $72,710.14 is owed. (Doc. 31). Plaintiff is instructed to

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clarify its request;

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4.

Plaintiff must also include a copy of the written contract/credit agreement designated as

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Exhibit 1 in the Declaration of Joy Banks. (See Doc. 29-1). While Plaintiff frequently

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references the Agreement, no documents are included in the Docket Entry labeled

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Exhibit 1. See Id.

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Accordingly, Plaintiff is directed to submit to the Court any and all evidence establishing that

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Plaintiff is entitled to default judgment as listed above. Plaintiff shall file such evidence and

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accompanying briefing no later than May 28, 2013.

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IT IS SO ORDERED.
Dated:
10c20k

May 13, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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