Operating Engineers Health and Welfare Trust Fund For Northern California et al v. Kino Aggregates Inc.

Filing 28

ORDER No. 2 re 18 for Supplemental Briefing. Signed by Magistrate Judge Donna M. Ryu on 10/24/2016. (dmrlc2, COURT STAFF) (Filed on 10/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OPERATING ENGINEERS HEALTH AND
WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA, et al.,
Plaintiffs,

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v.
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KINO AGGREGATES, INC.,

Case No. 16-cv-02795-HSG (DMR)
ORDER NO. 2 TO SUBMIT
SUPPLEMENTAL BRIEFING IN
SUPPORT OF MOTION FOR DEFAULT
JUDGMENT
Re: Dkt. No. 18

Defendant.
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On September 27, 2016, Plaintiffs Operating Engineers Health and Welfare Trust Fund for

United States District Court
Northern District of California

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Northern California et al. (“Plaintiffs”) filed a motion for default judgment. [Docket No. 18.]

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Having reviewed that motion, this court determines that Plaintiff did not brief its entitlement to the
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entry of default judgment pursuant to the factors enumerated in the Ninth Circuit’s decision in

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Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986).
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Further, in order to recover damages after securing a default judgment, a plaintiff must
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prove the relief it seeks by submitting proper evidence by way of a sworn affidavit. Bd. of Trs. of
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the Boilermaker Vacation Trust v. Skelly, Inc., 389 F. Supp. 2d 1222, 1226 (N.D. Cal. 2005); see
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Pepsico, Inc. v. Cal. Sec. Cans, 238 F. Supp. 2d 1172, 1175 (C.D. Cal. 2002) (citing Televideo
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Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987)).
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Here, Plaintiff lists the amounts of unpaid and late-paid contributions on page 2 of its
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motion, but does not attach documents or reports to the Declaration of David E. Hayner showing
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how it arrived at those amounts. See Hayner Decl., ¶ 20.
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Plaintiff shall submit additional briefing by NOVEMBER 7, 2016, to address the above
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deficiencies in the motion for default judgment, and shall serve Defendant with any briefing or any
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additional submissions.
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this Order and file a proof of service with the court.

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United States District Court
Northern District of California

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RDERE
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IT Donna M. Ryu
United States Magistrate Judge

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Dated: October 24, 2016

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IT IS SO ORDERED.

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Immediately upon receipt of this Order, Plaintiff shall serve Defendant with a copy of

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