Crosthwaite et al v. Foster & Sons General Engineering Contractors, Inc

Filing 24

ORDER AFFORDING PLAINTIFFS OPPORTUNITY TO SUPPLEMENT APPLICATION FOR DEFAULT JUDGMENT. Plaintiffs are directed either (1) to file, no later than 4:00 p.m. on August 26, 2010, a supplemental declaration; or (2) to appear at the hearing scheduled for August 27, 2010, at which time counsel shall be prepared to submit whatever additional declaration(s) and/or documentation necessary to support plaintiffs' damages claim. Signed by Judge Maxine M. Chesney on August 24, 2010. (mmclc2, COURT STAFF) (Filed on 8/24/2010)

Crosthwaite et al v. Foster & Sons General Engineering Contractors, Inc

Doc. 24

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If plaintiffs elect this first option, the matter will be deemed submitted on the moving papers and no hearing will be held.
1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GIL CROSTHWAITE, et al. Plaintiffs, v. FOSTER & SONS GENERAL ENGINEERING CONTRACTORS, INC., Defendant. /

No. C 10-457 MMC ORDER AFFORDING PLAINTIFFS OPPORTUNITY TO SUPPLEMENT APPLICATION FOR DEFAULT JUDGMENT

United States District Court

Before the Court is plaintiffs' Amended Motion for Default Judgment, filed July 9, 2010. In support thereof, plaintiffs submit the Amended Declaration of David E. Hayner ("Hayner"), Collections Manager, wherein Hayner calculates plaintiffs' damages based on, inter alia, "revised Collection Procedures." (See Hayner Decl. at 3.) Hayner, however, attaches no documentation reflecting such collection procedures, nor does the declaration state that defendant is a signatory to any agreement containing or adopting such revisions. Accordingly, plaintiffs are hereby directed either (1) to file, no later than 4:00 p.m. on August 26, 2010, a supplemental declaration curing, if plaintiffs can do so, the above-noted deficiencies;1 or (2) to appear at the hearing scheduled for August 27, 2010, at which time counsel shall be prepared to submit whatever additional declaration(s) and/or

Dockets.Justia.com

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

documentation necessary to support plaintiffs' damages claim. IT IS SO ORDERED.

Dated: August 24, 2010

MAXINE M. CHESNEY United States District Judge

2