Sandra Garybo et al v. Leonardo Bros et al

Filing 70

ORDER DIRECTING PLAINTIFFS to File Briefing in Support of Their Motion for Default Judgment 69 and VACATING THE HEARING Set for August 5, 2019, signed by Magistrate Judge Jennifer L. Thurston on 7/28/2019. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRA GARYBO, et al,
Plaintiffs,

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v.
LEONARDO BROS., et al.,
Defendants.

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Case No.: 1:15-cv-01487 DAD JLT
ORDER DIRECTING PLAINTIFFS TO FILE
BRIEFING IN SUPPORT OF THEIR MOTION
FOR DEFAULT JUDGMENT AND VACATING
THE HEARING SET FOR AUGUST 5, 2019
(Doc. 69)

On June 28, 2019, Plaintiffs filed an “application for default judgment against Defendant

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Leonard Bros.,” indicating they would present an application for default judgment at a hearing set for

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August 5, 2019. (Doc. 69) With the “application”—which appears to be a notice of hearing rather

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than a motion—Plaintiffs did not submit points and authorities related to the propriety of default

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judgment under Rule 55 of the Federal Rules of Civil Procedure.

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Pursuant to Local Rule 230(b), a “moving party shall file a notice of motion, motion,

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accompanying briefs, affidavits, if appropriate, and copies of all documentary evidence that the

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moving party intends to submit in support of the motion.” (Id., emphasis added) Thus, Plaintiffs are

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directed to file briefing in support of their application for default judgment, addressing the factors set

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forth by the Ninth Circuit in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986), to demonstrate

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the propriety of default judgment.

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In addition, Plaintiffs shall file evidence related to the costs and attorney fees incurred, to
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support the requested amounts. In general, the party seeking fees bears the burden of establishing that

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the fees and costs were reasonably necessary to achieve the results obtained. See Fischer v. SJB-P.D.,

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Inc., 214 F.3d 1115, 1119 (9th 2000). Therefore, a fee applicant must provide time records

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documenting the tasks completed and the amount of time spent on the action. Hensley v. Eckerhart,

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461 U.S. 424, 424 (1983); Welch v. Metropolitan Life Ins. Co., 480 F.3d 942, 945-46 (9th Cir. 2007).

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Without such information, the Court is unable to determine the propriety of a fee request.

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Accordingly, the Court ORDERS:

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later than August 5, 2019;

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Plaintiffs SHALL file briefing in support of their application for default judgment no

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Any documentary evidence to support the requests for fees and costs SHALL be filed
no later than August 5, 2019; and

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3.

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The Court will re-set the matter for hearing if deemed necessary upon the receipt of Plaintiffs’

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The hearing set for August 5, 2019 is VACATED.

brief and documentary evidence.

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IT IS SO ORDERED.
Dated:

July 28, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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