Bay Area Painters and Tapers Pension Trust Fund et al v. Interior Partitions, Inc.

Filing 31

NOTICE OF REFERRAL & ORDER SCHEDULING HEARING re 25 MOTION for Default Judgment as to --- NOTICE OF MOTION AND MOTION FOR DEFAULT JUDGMENT RE DEFENDANT INTERIOR PARTITIONS INC. ONLY; POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Distric t Council 16 Northern California Apprentice and Journeyman Training Trust Fund, Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Les Proteau, Doug Christopher, John Maggiore, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Charles Del Monte. Signed by Judge Maria-Elena James on 9/23/2010. (mejlc1, COURT STAFF) (Filed on 9/23/2010)

Bay Area Painters and Tapers Pension Trust Fund et al v. Interior Partitions, Inc.

Doc. 31

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., v. Plaintiff,

No. C 10-0851 JSW (MEJ) NOTICE OF REFERRAL

INTERIOR PARTITIONS INC, et al., Defendants. _____________________________________/

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The above-captioned case was referred to Magistrate Judge Maria-Elena James to prepare a report and recommendation on Plaintiff's pending Motion for Default Judgment. (Dkt. #25.) Accordingly, the Court shall conduct a hearing on November 4, 2010 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Pursuant to Civil Local Rule 7, any opposition to Plaintiff's motion shall be filed by October 14, 2010, and Plaintiff shall file any reply by October 21, 2010. If no opposition is filed, Plaintiff shall file detailed proposed findings of fact and conclusions of law by October 21, 2010. The proposed findings shall address the following: (1) the basis for the Court's subject matter jurisdiction; (2) the basis for the Court's personal jurisdiction, which, if seeking default judgment against any out-of-state defendants, shall include a minimum contacts analysis under Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. 2004); and (3) an analysis of each individual factor in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Further, if Plaintiff seeks attorney's fees and costs, the proposed findings shall include the following: (1) evidence supporting the request for hours worked, including identification of the subject matter of each person's time expenditures; and (2) evidence that the requested rates are in line with those

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1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

prevailing in the community for similar services of lawyers of reasonably comparable skill and reputation. Plaintiff shall ensure that a copy of the proposed findings is emailed to [e-mail]. The Court prefers that proposed findings be emailed in WordPerfect format; however, Microsoft Word format is also acceptable. In addition, the parties shall lodge with chambers a printed copy of any electronically-filed documents by noon of the next court day following the day the papers are filed electronically. These printed copies shall be marked "Chambers Copy" and shall be submitted to the Clerk's Office, in an envelope clearly marked with "Magistrate Judge James," the case number and "E-Filing Chambers Copy." ALL CHAMBERS COPIES MUST INCLUDE ON EACH PAGE THE RUNNING HEADER CREATED BY THE ECF SYSTEM. ELECTRONICALLY FILED DOCUMENTS MUST BE CITED IN ALL OTHER DOCUMENTS AS FOLLOWS: DKT#__ AT __. Plaintiff shall serve this order upon all other parties in this action. Please contact the courtroom deputy, Brenda Tolbert, at [phone] with any questions. IT IS SO ORDERED.

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Dated: September 23, 2010

_______________________________ Maria-Elena James Chief United States Magistrate Judge

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