Sheet Metal Workers Pension Trust of Northern California et al v. Botner Manufacturing, Inc.

Filing 9

ORDER RE: 8 PROPOSED JUDGMENT PURSUANT TO STIPULATION. Signed by Judge Lisa J. Cisneros on 6/5/2024. (bns, COURT STAFF) (Filed on 6/5/2024)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, et al., 7 8 Plaintiffs, 9 v. 10 ORDER RE: PROPOSED JUDGMENT PURSUANT TO STIPULATION Re: ECF No. 8 BOTNER MANUFACTURING, INC., 11 United States District Court Northern District of California Case No. 24-cv-03159-LJC Defendant. 12 Pending before the Court is Plaintiffs’ Sheet Metal Workers Pension Trust of Northern 13 14 California, et al.’s proposed Judgment Pursuant to Stipulation. ECF No. 8. Plaintiffs request that 15 the Court enter judgment against Defendants and in Plaintiffs’ favor in the total amount of 16 $34,288.11, pursuant to the terms of the parties’ stipulation. See id. However, Plaintiffs have not 17 filed proof of service indicating that Defendants Botner Manufacturing Inc. and Shelly Botner1 18 were properly served with summons and a copy of the Complaint pursuant to Federal Rule of 19 Civil Procedure 4. Nor has counsel for Defendants entered an appearance in this case. Under 20 Rule 4(l) of the Federal Rules of Civil Procedure, unless service is waived, proof of service must 21 be made to the Court. If Defendants have not been properly served, Plaintiffs are directed to 22 complete service as contemplated by Rule 4, and file proof of service soon thereafter, or file proof 23 that service of summons has been waived. Moreover, the proposed Judgment Pursuant to Stipulation does not comply with Civil 24 25 26 27 28 Defendant Shelly Botner is not a party originally named in Plaintiffs’ Complaint. See ECF No. 1. However, the proposed Judgment Pursuant to Stipulation confirms that Shelly Botner is personally guaranteeing the amounts due under the proposed Judgment and that she consents to be added as a Defendant to this action. ECF No. 8 at 2. It also confirms that both Defendants consent to proceed under magistrate judge jurisdiction. Id. 1 1 Local Rule 5-1, which requires, among other things, “[i]n the case of a signatory who is not an 2 ECF user, or who is an ECF user but whose user ID and password are not utilized in the electronic 3 filing of the document (as in the case of documents requiring multiple signatures), the filer of the 4 document shall attest that each of the other Signatories have concurred in the filing of the 5 document, which shall serve in lieu of their signatures on the document.” Civ. L.R. 5-1(i)(3). The 6 proposed Judgment Pursuant to Stipulation does not contain an attestation from Plaintiffs’ counsel 7 as to the signatures for Defendants Botner Manufacturing Inc. and Shelly Botner, who, as noted 8 above, have not entered an appearance in this matter. 9 10 United States District Court Northern District of California 11 12 The Court shall defer ruling on the proposed Judgment Pursuant to Stipulation until the deficiencies identified in this Order have been fully addressed and resolved by the parties. IT IS SO ORDERED. Dated: June 5, 2024 13 14 LISA J. CISNEROS United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?