The Board of Trustees of the Carpenters Pension Trust Fund for Northern California v. Finer Floor Coverings, Inc.

Filing 57

ORDER RE: DEFENDANT'S MOTION FOR DEFAULT JUDGMENT. Signed by Magistrate Judge Jacqueline Scott Corley on 5/24/2012. (ahm, COURT STAFF) (Filed on 5/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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THE BOARD OF TRUSTEES OF THE
CARPENTERS PENSION TRUST
FUND FOR NORTHERN
CALIFORNIA,

Case No.: 10-3300 JSC
ORDER RE: DEFENDANT’S
MOTION FOR DEFAULT
JUDGMENT

Plaintiff,
v.

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FINER FLOOR COVERINGS, INC., a
California Corporation,
Defendant – Third-Party Plaintiff,
and
SEDLACEK, INC.,
Third-Party Defendant.

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In this enforcement action brought under the Employee Retirement Income Security

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Act, Defendant Finer Floor Coverings, Inc. brings a Motion for Default Judgment seeking

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entry of default judgment, damages, and attorneys’ fees and costs against Third-Party

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Defendant Sedlacek, Inc. (Dkt. No. 55). The Court finds that the Motion is suitable for

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determination without oral argument, pursuant to Civil Local Rule 7–1(b), and VACATES

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the May 31, 2012 hearing date.

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Defendant’s Motion for Default Judgment includes a request for $24,784.66 in

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attorneys’ fees and costs; however, counsel has not submitted any documentation of costs,

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expenses, fees, or rates. Without this information the record provides no basis for

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determining a reasonable award. Accordingly, within 7 days from the filing date of this

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Order, Defendant shall submit a declaration supporting its request for attorneys’ fees and

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costs including details as to how the requested fee was computed.

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Northern District of California

United States District Court

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Upon receipt of this declaration and any supporting documentation, the Court will
take Defendant’s Motion for Default Judgment under submission.
Defendant shall serve a copy of this Order on Third-Party Defendant Selacek within
three days and shall file a proof of service with this Court.

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IT IS SO ORDERED.

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Dated: May 24, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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