Bay Area Painters and Tapers Pension Trust Fund and its Joint Board of Trustees et al v. Brown

Filing 27

ORDER by Judge Thelton E. Henderson granting 26 Motion to vacate hearing on Plaintiff's motion for default judgment. (tehlc3, COURT STAFF) (Filed on 2/6/2013)

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 Telephone: (415) 882-7900 4 Facsimile: (415) 882-9287 5 6 Attorneys for Plaintiffs 7 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., 13 Plaintiffs, 14 v. 15 NEHEMIAH ELIJAH BROWN, JR., 16 Individually and dba PRECISION DRYWALL CO., 17 Defendant. 18 Case No: C12-5378 TEH REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING ON PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT and REQUEST TO VACATE HEARING THEREON; [PROPOSED] ORDER THEREON Date: Time: Location: 19 Judge: 20 February 11, 2013 10:00 a.m. Courtroom 2, 17th Floor 450 Golden Gate Ave. San Francisco, CA 94102 The Honorable Thelton E. Henderson 21 22 23 24 25 26 27 28 I, Michele R. Stafford, declare: 1. I am an attorney at law licensed to practice in the State of California, and am a shareholder of Saltzman and Johnson Law Corporation, attorneys for Plaintiffs herein. 2. I submit this declaration in support of Plaintiffs’ pending Motion for Default Judgment filed on January 7, 2013. I am requesting that default judgment be entered by the Court without the necessity of a hearing, and that the hearing presently set for February 11, 2013 at 10:00 a.m. before the Honorable Thelton E. Henderson be vacated. -1REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING Case No.: C12-5378 TEH P \CLIENTS\PATCL\Precision Drywall\Pleadings\MDJ\C12-5378 TEH Request for Entry of Judgment Without Hearing 020513 DOC 1 4. The Notice of Motion and Motion for Default Judgment were served upon 2 Defendant on January 7, 2013. Defendant’s time for filing any Opposition to the Motion for 3 Default Judgment has passed, and Defendant have failed to oppose or otherwise contest this 4 request for default judgment. 5 5. Defendant Brown has a history of ignoring the legal process, of not appearing at 6 hearings, and of failing to make payment on Judgments, as evidenced in Case Numbers C04-4390 7 WHA and C06-7509 WHA. The current action is against a new entity, but with the same principal. 8 Mr. Brown has behaved to date, exactly as he did in prior matters. It is questionable at best as to 9 whether we will be able to collect. 10 6. In the interest of conserving costs as well as the Court’s time and resources, 11 Plaintiffs respectfully request that the Court enter default judgment without the necessity of a 12 hearing, and that the currently scheduled February 11, 2013 hearing be vacated. As attorneys’ fees 13 and costs are “out of pocket,” Plaintiffs are attempting to keep fees (and thus the Trust Funds’ 14 loss) at a minimum. Entering Judgment without the necessity of a hearing will keep the fees and 15 costs at a minimum, particularly in light of the fact that collection is uncertain. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING Case No.: C12-5378 TEH P \CLIENTS\PATCL\Precision Drywall\Pleadings\MDJ\C12-5378 TEH Request for Entry of Judgment Without Hearing 020513 DOC

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