Dabu v. Becks Creek Industry

Filing 16

ORDER SCHEDULING DEFAULT JUDGMENT HEARING. Signed by Magistrate Judge Bernard Zimmerman on 7/6/2009. (bzsec, COURT STAFF) (Filed on 7/7/2009)

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. BECKS CREEK INDUSTRY, Defendant(s). MARIA DABU, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 08-5626 JSW (BZ) ORDER SCHEDULING DEFAULT JUDGMENT HEARING

It is HEREBY ORDERED that a hearing on plaintiffs' application for default judgment is scheduled for Wednesday, September 23, 2009 at 10:00 a.m. in Courtroom G, 15th Floor, 450 Golden Gate Avenue, San Francisco, California, 94102. 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 current active military status of an individual and has 1

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instructions on obtaining certificates of service or nonservice under the Servicemembers' Civil Relief Act. Plaintiff should be prepared to prove her 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. Plaintiff should note that the decision to award statutory damages under the Fair Debt Collections Practices Act ("FDCPA"), and the size of such award, is left "to the sound discretion of the district court." Credit, 164 F.3d 81, 86 (2d Cir. 1998). Savino v. Computer In making a

determination regarding whether to award statutory damages under the FDCPA, "the court shall consider, among other relevant factors . . . the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional." 15 U.S.C. § 1692(k)(b).

Defendant should attend the hearing if it contests the validity or amount of plaintiff's claim. Seven days before

the hearing, on Wednesday, September 16, 2009, plaintiff shall /// /// 2

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file a declaration setting forth in detail all steps taken to serve defendant with notice of this hearing. Dated: July 7, 2009

Bernard Zimmerman United States Magistrate Judge
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