The Board of Trustees, in their capacities as Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Charles B. Harding Construction, Inc.

Filing 33

ORDER REGARDING SUPPLEMENTAL BRIEFING RE ATTORNEYS' FEES (emclc1, COURT STAFF) (Filed on 12/1/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BOARD OF TRUSTEES, in their
capacities as Trustees of the CEMENT
MASONS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA, et al.,

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Plaintiffs,

For the Northern District of California

United States District Court

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No. C-14-1140 EMC

ORDER REGARDING
SUPPLEMENTAL BRIEFING
REGARDING ATTORNEYS’ FEES

v.
CHARLES B. HARDING
CONSTRUCTION, INC., A Suspended
California Corporation,
Defendant.
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Plaintiffs filed suit against Defendant Charles B. Harding Construction, Inc., a suspended

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California corporation, asserting claims pursuant to the Employee Retirement Income Security Act,

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29 U.S.C. § 1132, and the Labor Management Relations Act, 29 U.S.C. § 185. Docket No. 1.

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(Complaint). After Defendant failed to respond to Plaintiffs’ complaint, default was entered against

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Defendant on July 14, 2014. See Docket No. 20. Plaintiffs thereafter moved for default judgment

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on September 11, 2014. See Docket No. 24.

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In its motion for default judgment, Plaintiffs request $12,427.50 in attorneys’ fees. While

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Plaintiffs’ declaration in support of this request indicates that an exhibit “showing work done by

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Plaintiffs’ counsel is attached hereto,” the attachment does not actually show any of the work done

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by Plaintiffs’ lawyers. See Docket No. 25 at ¶ 5, Ex. A. Rather, it simply lists the total number of

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hours worked by each legal professional without any explanation or detail. Id. This Court cannot

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rule on the Plaintiffs’ request for fees without reviewing contemporaneous time sheets (or other

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appropriate documentation) detailing what work was performed by which professionals.1

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Accordingly, the Court hereby ORDERS Plaintiffs to submit all evidence supporting its request for

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attorneys’ fees by Thursday, December 4, 2014.

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Plaintiffs shall serve a copy of this order on Defendant within three days of this Order.

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Plaintiffs shall also serve a copy of their supplemental evidence on Defendant at the same time they

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file this information with the Court.

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IT IS SO ORDERED.

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Dated: December 1, 2014

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For the Northern District of California

United States District Court

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_________________________
EDWARD M. CHEN
United States District Judge

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Counsel is advised to review its submission in a similar case, Board of Trustees v. Montes
Bros. Construction, No. C-14-1324 EMC, and specifically Exhibit A to Docket No. 19, where more
fulsome attorney time sheets were provided to this Court.

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