Bay Area Painters and Tapers Joint Apprenticeship Training Funds and their Joint Boards of Trustees et al v. Ibarra Coatings, Inc. et al

Filing 27

NOTICE OF REFERENCE, ORDER Setting Hearing on Motion 20 MOTION for Default Judgment as to Ibarra Coatings, Inc. and Daniel Ibarra, Jr. : Motion Hearing set for 9/29/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James.. Signed by Judge Maria-Elena James on 6/14/2011. (cdnS, COURT STAFF) (Filed on 6/14/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 Northern District of California 7 8 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, 9 No. C 10-05174 SBA (MEJ) NOTICE OF REFERRAL Plaintiff(s), 10 v. IBARRA COATINGS INC, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendant(s). _____________________________________/ 13 14 The above-captioned case was referred to Magistrate Judge Maria-Elena James to prepare a 15 report and recommendation on Plaintiff's pending Motion for Default Judgment. (Dkt. #20.) 16 Accordingly, the Court shall conduct a hearing on September 29, 2011 at 10:00 a.m. in Courtroom 17 B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Defendant shall file any 18 opposition to Plaintiff's motion by September 1, 2011, and Plaintiff shall file any reply by September 19 15, 2011. 20 If no opposition is filed, Plaintiff shall file detailed proposed findings of fact and conclusions 21 of law by September 15, 2011. The proposed findings shall address the following: (1) the basis for 22 the Court's subject matter jurisdiction; (2) the basis for the Court's personal jurisdiction, which, if 23 seeking default judgment against any out-of-state defendants, shall include a minimum contacts 24 analysis under Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. 2004); and 25 (3) an analysis of each individual factor in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). 26 Further, if Plaintiff seeks attorney's fees and costs, the proposed findings shall include the 27 following: (1) evidence supporting the request for hours worked, including a breakdown and 28 identification of the subject matter of each person’s time expenditures; (2) evidence that the 1 requested rates are in line with those prevailing in the community for similar services of lawyers of 2 reasonably comparable skill and reputation; and (3) rate determinations in other cases of similarly 3 complex litigation, particularly those setting a rate for the plaintiff's attorney. Plaintiff shall ensure 4 that a copy of the proposed findings is emailed to The Court prefers that 5 proposed findings be emailed in WordPerfect format; however, Microsoft Word format is also 6 acceptable. 7 In addition, the parties shall lodge with chambers a printed copy of any electronically-filed printed copies shall be marked “Chambers Copy” and shall be submitted to the Clerk’s Office, in an 10 envelope clearly marked with "Magistrate Judge James," the case number and “E-Filing Chambers 11 Copy.” ALL CHAMBERS COPIES MUST INCLUDE ON EACH PAGE THE RUNNING 12 For the Northern District of California documents by noon of the next court day following the day the papers are filed electronically. These 9 UNITED STATES DISTRICT COURT 8 HEADER CREATED BY THE ECF SYSTEM. ELECTRONICALLY FILED DOCUMENTS 13 MUST BE CITED IN ALL OTHER DOCUMENTS AS FOLLOWS: DKT#__ AT __. 14 15 16 Plaintiff shall serve this order upon all other parties in this action. Please contact the courtroom deputy, Brenda Tolbert, at (415) 522-4708 with any questions. IT IS SO ORDERED. 17 18 Dated: June 14, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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