Northern California River Watch v. Bay Area Diablo Petroleum Company

Filing 28

ORDER SCHEDULING HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. Signed by Magistrate Judge Bernard Zimmerman on 11/12/2008. (bzsec, COURT STAFF) (Filed on 11/12/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BAY AREA DIABLO PETROLEUM, et al., Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORTHERN CALIFORNIA RIVER WATCH, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. C08-1613 BZ ORDER SCHEDULING HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IT IS HEREBY ORDERED that pursuant to the Court's discretion under Rule 55(b)(2) of the Federal Civil Rules of Civil Procedure, a hearing on plaintiff's motion for default judgment is set for Wednesday, December 17, 2008, at 10:00 a.m. in Courtroom G, 15th Floor, Federal Building, San Francisco, California, 94102. Claims for attorneys' fees should be supported by billing records. Compliance with 50 App. U.S.C. 501 et seq. of the Servicemembers' Civil Relief Act may not be satisfied on information and belief. See 50 App. U.S.C. 521(b)(1); United States v. Simmons, 508 F.Supp. 552 (E.D. Tenn. 1980)(interpreting 50 App. U.S.C. 520(1), predecessor to 50 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 App. U.S.C. 521(b)(1)). The public website https://www.dmdc.osd.mil/scra/owa/home will provide the current active military status of an individual and has instructions on obtaining certificates of service or nonservice under the Servicemembers' Civil Relief Act. Plaintiff should be prepared to prove its damages by competent testimony or other admissible evidence. If plaintiff intends to prove damages by affidavits or declarations, the affiant or declarant should have personal knowledge of all matters to which she testifies. evidence, proper foundations must be established. For all For an explanation of the evidentiary requirements for proving damages in a default case, the parties are encouraged to consult Chapter Six of Civil Procedure Before Trial by William W. Schwarzer, A. Wallace Tashima, and James M. Wagstaffe. Defendant should attend the hearing if it contests the validity or amount of plaintiff's claim. Seven days before the hearing, on Wednesday, December 10, 2008, plaintiff shall file a declaration setting forth in detail all steps taken to serve defendant with notice of this hearing. Dated: November 12, 2008 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-BZCASES\NORTHERN CA RIVER WATCH\DEFAULT JUDGMENT SCH. ORDER.wpd 2

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