Jimenez v. LV&V Funding

Filing 15

ORDER FOR PLAINTIFF TO FILE REVISED PROPOSED FINDINGS OF FACT & CONCLUSIONS OF LAW BY 9/9/2014. Signed by Judge Maria-Elena James on 9/4/2014. (cdnS, COURT STAFF) (Filed on 9/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIA L JIMENEZ,

Case No. 14-cv-02002-MEJ

Plaintiff,
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ORDER RE: DEFAULT JUDGMENT
MOTION

v.
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LV&V FUNDING, et al.,

Re: Dkt. No. 12

Defendants.
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On August 13, 2014, Plaintiff Maria L Jimenez filed a Motion for Default Judgment,

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United States District Court
Northern District of California

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which is currently set for a hearing on September 25, 2014. Dkt. No. 12. On August 15, 2014, the

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Court ordered Plaintiff to file proposed findings of fact and conclusions of law by September 3,

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2014. Dkt. No. 13. The Court informed Plaintiff that her submission must be structured as

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outlined in Attachment A below. On September 3, 2014, Plaintiff filed her proposed findings,

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which do not comply with the Court’s requirements. Accordingly, the Court ORDERS Plaintiff to

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file revised proposed findings of fact and conclusions of law by September 9, 2014. Plaintiff’s

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submission must conform to the structure of Attachment A and include all relevant legal authority

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and analysis necessary to establish the case. Plaintiff is also encouraged to research previous

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reports and recommendations issued by the undersigned for guidance. Plaintiff is advised that

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default judgment will likely be denied if she fails to include all components of Attachment A in

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her submission.

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Plaintiff shall also email the proposed findings in Microsoft Word format by September 9,

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2014, to [e-mail]. No chambers copies of the proposed findings need to be

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submitted.

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IT IS SO ORDERED.
Dated: September 4, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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ATTACHMENT A

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* * *

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I. INTRODUCTION

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(Relief sought and disposition.)

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II. BACKGROUND

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(The pertinent factual and procedural background, including citations to the Complaint and record.

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Plaintiff should be mindful that only facts in the Complaint are taken as true for purposes of

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default judgment; therefore, Plaintiff should cite to the Complaint whenever possible.)
III. DISCUSSION

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A.

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United States District Court
Northern District of California

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(Include the following standard.)

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Jurisdiction and Service of Process

In considering whether to enter default judgment, a district court must first determine

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whether it has jurisdiction over the subject matter and the parties to the case. In re Tuli, 172 F.3d

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707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who has failed to

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plead or otherwise defend, a district court has an affirmative duty to look into its jurisdiction over

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both the subject matter and the parties.”).

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1.

Subject Matter Jurisdiction

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(Establish the basis for the Court’s subject matter jurisdiction, including citations to relevant case

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law and United States Code provisions.)

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2.

Personal Jurisdiction

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(Establish the basis for the Court’s personal jurisdiction, including citations to relevant legal

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authority, specific to each defendant. If seeking default judgment against any out-of-state

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defendants, this shall include a minimum contacts analysis under Schwarzenegger v. Fred Martin

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Motor Co., 374 F.3d 797, 802 (9th Cir. 2004)).

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3.

Service of Process

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(Establish the adequacy of the service of process on the party against whom default is requested,

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including relevant provisions of Federal Rule of Civil Procedure 4.)

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B.

Legal Standard

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(Include the following standard)
Federal Rule of Civil Procedure 55(b)(2) permits a court, following default by a defendant,

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to enter default judgment in a case. “The district court’s decision whether to enter default

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judgment is a discretionary one.” Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). In

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determining whether default judgment is appropriate, the Ninth Circuit has enumerated the

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following factors for the court to consider: (1) the possibility of prejudice to the plaintiff; (2) the

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merits of plaintiff’s substantive claim; (3) the sufficiency of the complaint; (4) the sum of money

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at stake in the action; (5) the possibility of dispute concerning material facts; (6) whether default
was due to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil

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United States District Court
Northern District of California

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Procedure favoring decisions on the merits. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir.

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1986). Where a default judgment is granted, the scope of relief is limited by Federal Rule of Civil

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Procedure 54(c), which states that a “default judgment must not differ in kind from, or exceed in

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amount, what is demanded in the pleadings.” Upon entry of default, all factual allegations within

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the complaint are accepted as true, except those allegations relating to the amount of damages.

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TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).

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C.

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(A detailed analysis of each individual Eitel factor, separated by numbered headings. Factors 2

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(merits of substantive claims) and 3 (sufficiency of complaint) may be listed and analyzed under

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one heading. Plaintiff shall include citations to cases that are factually similar, preferably within

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the Ninth Circuit.)

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D.

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(An analysis of any relief sought, including a calculation of damages, attorneys’ fees, etc., with

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citations to relevant legal authority. As damages alleged in the complaint are not accepted as true,

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the proposed findings must provide citations to evidence supporting the requested damages. If

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attorneys’ fees and costs are sought, the proposed findings shall include the following: (1)

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Evidence supporting the request for hours worked, including a detailed breakdown and

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identification of the subject matter of each person’s time expenditures, accompanied by actual

Application to the Case at Bar

Relief Sought

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billing records and/or time sheets; (2) Documentation justifying the requested billing rates, such as

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a curriculum vitae or resume; (3) Evidence that the requested rates are in line with those prevailing

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in the community, including rate determinations in other cases of similarly complex litigation,

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particularly those setting a rate for the plaintiff’s attorney; and (4) Evidence that the requested

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hours are reasonable, including citations to other cases of similarly complex litigation (preferably

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from this District)).

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IV. CONCLUSION
(Disposition, including any specific award amount(s) and judgment.)
* * *

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United States District Court
Northern District of California

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