Crosthwaite et al v. Ryan McClure Excavation, Inc.

Filing 34

ORDER SCHEDULING DEFAULT JUDGMENT HEARING. Signed by Magistrate Judge Bernard Zimmerman on 5/4/2009. (bzsec, COURT STAFF) (Filed on 5/4/2009)

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. RYAN MCCLURE EXCAVATION, INC., Defendant(s). GIL CROSTHWAITE, et al., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C08-2403 JSW (BZ) ORDER SCHEDULING DEFAULT JUDGMENT HEARING

It is HEREBY ORDERED that a hearing on plaintiffs' application for default judgment is scheduled for Wednesday, June 24, 2009 at 10:00 a.m. in Courtroom G, 15th Floor, 450 Golden Gate Avenue, 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 App. U.S.C. § 521(b)(1)). The public website

https://www.dmdc.osd.mil/scra/owa/home will provide the 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

current active military status of an individual and has instructions on obtaining certificates of service or nonservice under the Servicemembers' Civil Relief Act. Plaintiffs should be prepared to prove their damages by competent testimony or other admissible evidence. If

plaintiffs intend 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 plaintiffs' claim. Seven days before

the hearing, on Wednesday, June 17, 2009, plaintiffs shall file a declaration setting forth in detail all steps taken to serve defendant with notice of this hearing. Dated: May 4, 2009

Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-REFS\CROSTHWAITE\ORDER SCH DEFAULT JUD HEARING.wpd

2