Crosthwaite et al v. Ross Island Sand & Gravel Co.

Filing 27

ORDER by Judge Charles R. Breyer denying 22 Motion for Default Judgment. (crblc2, COURT STAFF) (Filed on 8/24/2012)

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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 12-01464 CRB

F.G. CROSTHWAITE ET AL.,

ORDER DENYING MOTION FOR
DEFAULT JUDGMENT

Plaintiffs,
v.
ROSS ISLAND SAND & GRAVEL CO.,
Defendant.

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Plaintiffs move for default judgment against Defendant, which has not responded to

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Plaintiffs’ motion or even appeared in this case at all. See Mot. for Default (dkt. 22). Entry

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of default judgment under Federal Rule of Civil Procedure 55(b) is discretionary, e.g.,

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Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980), and turns on various factors

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including the sufficiency of the complaint and the sum of money at stake, see Eitel v.

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McCool, 782 F.2d 1470, 1471-71 (9th Cir. 1986). The Court’s review of Plaintiffs’

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Complaint and motion revealed both a pleading insufficiency and uncertainty regarding the

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documentation of the requested monetary relief.

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As for pleading, Plaintiffs’ motion seeks liquidated damages and interest on

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“previously late-paid contributions” by Defendant between January 2010 and November

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2011, see Mot. for Default at 1; Hayner Decl. ¶3(a), but the Complaint contains no

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allegations of such late payments nor does the prayer for relief request those sums. See
Complaint (dkt. 1).

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On damages, Plaintiffs’ papers set out its calculations, including a figure of

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$18,214.62 in liquidated damages on an unpaid contribution balance of $13,513.15 for

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August 2011. Mot. for Default at 1; Hayner Decl. ¶3(b). According to Plaintiffs’ motion and

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supporting declarations, liquidated damages are equal to 20% “of the amount due for

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contributions.” Mot. for Default at 1; Williams Decl. ¶6. Twenty percent of $13,513.15 is

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$2704.63–over fifteen thousand dollars lower than the figure Plaintiffs use for liquidated

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damages on unpaid August 2011 contributions. Absent further explanation, the Court cannot

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accept Plaintiffs’ calculations.

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Pursuant to Civil Local Rule 7-1(b), the Court finds this matter suitable for disposition

United States District Court
For the Northern District of California

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without oral argument, VACATES the hearing currently scheduled for Tuesday, August 28,

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2012, and DENIES Plaintiffs’ motion. Plaintiffs remain free to amend the complaint to

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address the pleading insufficiency just described, and to move for default judgment on the

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amended pleading, so long as any such motion explains the apparent discrepancy in the

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liquidated damages calculation.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: August 24, 2012

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G:\CRBALL\2012\1464\Order Denying Default.wpd

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