Shop Ironworkers Local 790 Pension Trust et al v. ABS Manufacturers, Inc.
Filing
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ORDER DENYING REQUEST FOR ENTRY OF DEFAULT JUDGMENT WITHOUT HEARING. Counsel is directed to appear at 9:00 am on December 13, 2013 for the hearing on plaintiffs' Motion for Default Judgment. Signed by Judge Maxine M. Chesney on December 10, 2013. (mmclc2, COURT STAFF) (Filed on 12/10/2013)
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Case3:13-cv-02275-MMC Document23 Filed11/22/13 Page1 of 3
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1 Muriel B. Kaplan, Esq. (SBN 124607)
DENIE
Erica J. Russell, Esq. (SBN 274494)
2 SALTZMAN & JOHNSON LAW CORPORATION
ey
44 Montgomery Street, Suite 2110
. Chesn
axine M
3 San Francisco, CA 94104
udge M
J
(415) 882-7900
ER
4 (415) 882-9287 – Facsimile
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mkaplan@sjlawcorp.com
D IS T IC T O
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5 erussell@sjlawcorp.com
* Counsel is hereby DIRECTED to appear at
6 Attorneys for Plaintiffs
9:00 am on December 13, 2013 for the hearing on
plaintiffs' Motion for Default Judgment.
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Dated: December 10, 2013
UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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10 SHOP IRONWORKERS LOCAL 790
PENSION TRUST, et al.,
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Plaintiffs,
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v.
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ABS MANUFACTURERS, INC., et al.,
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Defendant.
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Case No: C13-2275 MMC
REQUEST FOR ENTRY OF DEFAULT
JUDGMENT WITHOUT HEARING;
DECLARATION OF ERICA J. RUSSELL
IN SUPPORT THEREOF;
[PROPOSED] ORDER THEREON
Date: December 13, 2013
Time: 9:00 a.m.
Ctrm: 7, 19th Floor
450 Golden Gate Avenue
San Francisco, California 94102
Judge: The Honorable Maxine M. Chesney
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19 I, Erica J. Russell, declare:
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1.
I am an attorney at law licensed to practice in the State of California, and am an
21 associate of Saltzman and Johnson Law Corporation, attorneys for Plaintiffs herein.
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2.
I submit this Declaration in support of Plaintiffs’ pending Motion for Default
23 Judgment against Defendant, filed on November 1, 2013.
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3.
I am requesting that the Motion for Default Judgment be granted based on the
25 papers without the necessity of a hearing, and that the hearing date presently set for December 13,
26 2013 at 9:00 a.m. before the Honorable Maxine M. Chesney, be vacated.
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4.
The Notice of Motion and Motion for Default Judgment were served upon
28 Defendant by first class mail on November 1, 2013, and thus Plaintiffs have exercised due
-1REQUEST FOR ENTRY OF DEFAULT JUDGMENT WITHOUT HEARING; DECL. IN SUPPORT
Case No.: C13-2275 MMC
P:\CLIENTS\SHOCL\ABS Manufacturing\Pleadings\Motion for Default Judgment\C13-2275 MMC - Req for Entry of Judgment Without Hearing 112213.doc
Case3:13-cv-02275-MMC Document23 Filed11/22/13 Page2 of 3
1 diligence. Defendant’s deadline for filing any Opposition to the Motion for Default Judgment by
2 November 15, 2013 has passed, and Defendant has not made an appearance in this matter.
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5.
In the interest of conserving costs as well as the Court’s time and resources,
4 Plaintiffs respectfully request that the Motion for Default Judgment be ruled on the papers without
5 the necessity of a hearing, particularly in light of the fact that collection is uncertain. As attorneys’
6 fees and costs are “out of pocket,” Plaintiffs are attempting to keep fees (and thus the Trust Funds’
7 loss) at a minimum.
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6.
ABS Manufacturers, Inc., as a corporate Defendant, is not an infant, incompetent
9 person, or in the military service of the United States or otherwise exempted under the
10 Servicemembers Civil Relief Act of 2003.
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I declare under penalty of perjury that the foregoing is true of my own knowledge and if
12 called upon I could competently testify thereto.
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Executed this 22nd day of November 2013, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION
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By:
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/S/
Erica J. Russell
Attorneys for Plaintiffs
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IT IS SO ORDERED.
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BASED ON THE FOREGOING and GOOD CAUSE APPEARING, Plaintiffs’ Motion for
20 Default Judgment is GRANTED, and the hearing or said Motion, presently set for December 13,
21 2013 at 9:00 a.m., before the Honorable Maxine M. Chesney, is hereby vacated.
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23 Dated: ___________________________
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______________________________________
HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE
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-2REQUEST FOR ENTRY OF DEFAULT JUDGMENT WITHOUT HEARING; DECL. IN SUPPORT
Case No.: C13-2275 MMC
P:\CLIENTS\SHOCL\ABS Manufacturing\Pleadings\Motion for Default Judgment\C13-2275 MMC - Req for Entry of Judgment Without Hearing 112213.doc
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