Lee Valley Tools, LTD. et al v. Woodline Tool and Supply Corporation et al

Filing 46

ORDER Requiring Supplemental Filing. Signed by Judge Charles R. Breyer on 11/17/2011. (crblc1S, COURT STAFF) (Filed on 11/17/2011)

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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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ORDER REQUIRING
SUPPLEMENTAL FILING

Plaintiff,
v.
WOODLINE TOOL AND SUPPLY
CORPORATION, ET AL.,
Defendant.

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No. C 10-04358 CRB

LEE VALLEY TOOLS, LTD., ET AL.,

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Plaintiffs have moved for default judgment against Defendant Fortune Extendables.
See Motion for Default Judgment (“Mot.”) (dkt. 42). Their request for relief includes
attorney’s fees and costs. Id. at 14.
Civil Local Rule 54-5(a) provides that “motions for awards of attorney’s fees by the
Court must be served and filed within 14 days of entry of judgment by the District Court.”
Civil Local Rule 54-5(b) provides that such motions must be supported by declarations or
affidavits.
Plaintiffs have moved for an award of attorney’s fees and costs within their motion for
default judgment – before judgment has been entered. Mot. at 14. They have not submitted
the required evidence to support this award. Plaintiffs have stated they “will be prepared to
file appropriate documentation to support the amount of the award of attorneys fees and costs

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within two weeks of an Order granting the award . . . .” Id. However, the Local Rules

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require parties to prove fees and costs at the time they move for the award, not after.

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Accordingly, Plaintiffs are ordered to submit to the Court by Tuesday, November 29,

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2011 evidence supporting their requests for attorney’s fees and costs. See Fed. R. Civ. P.

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55(b)(2) (“If, in order to enable the court to enter [default] judgment . . . it is necessary to

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take an account or to determine the amount of damages or to establish the truth of any

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averment by evidence or to make an investigation of any other matter, the court may . . .

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order such references as it deems necessary and proper.”).

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: November 17, 2011

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G:\CRBALL\2010\4358\Order re Attorneys Fees.wpd

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