Crosthwaite et al v. James Venture Corporation et al

Filing 39

ORDER REQUIRING SUPPLEMENTAL FILING. Signed by Judge Charles R. Breyer on 10/25/2011. (crblc1, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-03589 CRB

CROSTHWAITE ET AL.,

ORDER REQUIRING
SUPPLEMENTAL FILING

Plaintiffs,
v.
JAMES VENTURE CORPORATION ET
AL.,
Defendants.

/

Plaintiffs have moved for default judgment. See dkt. 35. Their request for relief
includes $940.10 in liquidated damages for late contributions to employee benefit plans,
$11,597.00 in attorneys’ fees, $780.00 in attorneys’ fees in connection with their Motion for
Default Judgment, and $1,170 in costs. Plaintiffs have not submitted evidence to support
their requests for these items. “[U]pon default the factual allegations of the complaint,
except those relating to the amount of damages, will be taken as true. TeleVideo Sys., Inc. v.
Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).
Accordingly, Plaintiffs are ordered to submit to the Court by Friday, October 28, 2011
evidence supporting their requests for the above-listed items. See Fed. R. Civ. P. 55(b)(2)
(“If, in order to enable the court to enter [default] judgment . . . it is necessary to take an
account or to determine the amount of damages or to establish the truth of any averment by

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evidence or to make an investigation of any other matter, the court may . . . order such

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references as it deems necessary and proper.”).

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IT IS SO ORDERED.

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Dated: October 25, 2011

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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G:\CRBALL\2010\3589\order re supp briefing.wpd

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