Shop Ironworkers Local 790 Pension Trust et al v. ABS Manufacturers, Inc.

Filing 24

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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UNIT ED ISTRIC ES D TC AT T RT U O S Case3:13-cv-02275-MMC Document23 Filed11/22/13 Page1 of 3 LI H A RT FO NO R NIA D* 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 C N F mkaplan@sjlawcorp.com D IS T IC T O R 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. 7 Dated: December 10, 2013 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 SHOP IRONWORKERS LOCAL 790 PENSION TRUST, et al., 11 Plaintiffs, 12 v. 13 ABS MANUFACTURERS, INC., et al., 14 Defendant. 15 16 17 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 18 19 I, Erica J. Russell, declare: 20 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. 22 2. I submit this Declaration in support of Plaintiffs’ pending Motion for Default 23 Judgment against Defendant, filed on November 1, 2013. 24 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. 27 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. 3 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. 8 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. 11 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. 13 Executed this 22nd day of November 2013, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION 14 15 By: 16 17 /S/ Erica J. Russell Attorneys for Plaintiffs 18 IT IS SO ORDERED. 19 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. 22 23 Dated: ___________________________ 24 ______________________________________ HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE 25 26 27 28 -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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