Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 869

ORDER RE PLAINTIFFS' FAILURE TO COMPLY WITH SCHEDULING ORDER re 836 MOTION for Default Judgment by the Court as to Lara Karakasevic, 848 Order Setting Hearing on Motion. Plaintiffs shall filed proposed findings & conclusions of law by 10/8/2015. Signed by Judge Maria-Elena James on 10/7/2015. (cdnS, COURT STAFF) (Filed on 10/7/2015)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ALLY BANK, et al., Case No. 11-cv-00896-YGR (MEJ) Plaintiffs, 6 ORDER RE: DEFAULT JUDGMENT MOTION AS TO LARA KARAKASEVIC v. 7 8 LARA KARAKASEVIC, et al., Re: Dkt. No. 836 Defendants. 9 10 United States District Court Northern District of California 11 On September 18, 2015, the Court set this matter for a hearing on the pending Motion for 12 Default Judgment as to Defendant Lara Karakasevic. Dkt. No. 848. As part of its Order, the 13 Court directed Plaintiffs to file proposed findings of fact and conclusions of law by October 6, 14 2015. Plaintiffs have failed to comply. Accordingly, the Court ORDERS Plaintiffs to file the 15 proposed findings and conclusions of law by October 8, 2015. The submission shall be structured 16 as outlined in Attachment A below and include all relevant legal authority and analysis necessary 17 to establish the case. Plaintiffs shall also email the proposed findings in Microsoft Word format to 18 No chambers copies need to be submitted. 19 The Plaintiffs in this case have failed to comply with the Court’s scheduling orders in the 20 past. See, e.g., Dkt. Nos. 783, 807. They should be mindful that failure to comply with court 21 orders may result in the imposition of sanctions, including denial of pending default judgment 22 motions. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: October 7, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 1 2 ATTACHMENT A 3 * * * 4 INTRODUCTION 5 (Relief sought and disposition.) BACKGROUND 6 7 (The pertinent factual and procedural background, including citations to the Complaint and 8 record. Plaintiff(s) should be mindful that only facts in the Complaint are taken as true for 9 purposes of default judgment; therefore, Plaintiff(s) should cite to the Complaint whenever 10 possible.) DISCUSSION United States District Court Northern District of California 11 12 A. 13 (Include the following standard) 14 Jurisdiction and Service of Process In considering whether to enter default judgment, a district court must first determine 15 whether it has jurisdiction over the subject matter and the parties to the case. In re Tuli, 172 F.3d 16 707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who has failed to 17 plead or otherwise defend, a district court has an affirmative duty to look into its jurisdiction over 18 both the subject matter and the parties.”). 19 1. Subject Matter Jurisdiction 20 (Establish the basis for the Court’s subject matter jurisdiction, including citations to relevant case 21 law and United States Code provision) 22 2. Personal Jurisdiction 23 (Establish the basis for the Court’s personal jurisdiction, including citations to relevant legal 24 authority, specific to each defendant. If seeking default judgment against any out-of-state 25 defendants, this shall include a minimum contacts analysis under Schwarzenegger v. Fred Martin 26 Motor Co., 374 F.3d 797, 802 (9th Cir. 2004)). 27 28 3. Service of Process (Establish the adequacy of the service of process on the party against whom default is requested, 2 1 including relevant provisions of Federal Rule of Civil Procedure 4.) 2 B. 3 (Include the following standard) Legal Standard Federal Rule of Civil Procedure 55(b)(2) permits a court, following default by a defendant, 4 to enter default judgment in a case. “The district court’s decision whether to enter default 6 judgment is a discretionary one.” Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). In 7 determining whether default judgment is appropriate, the Ninth Circuit has enumerated the 8 following factors for the court to consider: (1) the possibility of prejudice to the plaintiff; (2) the 9 merits of plaintiff’s substantive claim; (3) the sufficiency of the complaint; (4) the sum of money 10 at stake in the action; (5) the possibility of dispute concerning material facts; (6) whether default 11 United States District Court Northern District of California 5 was due to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil 12 Procedure favoring decisions on the merits. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 13 1986). Where a default judgment is granted, the scope of relief is limited by Federal Rule of Civil 14 Procedure 54(c), which states that a “default judgment must not differ in kind from, or exceed in 15 amount, what is demanded in the pleadings.” Upon entry of default, all factual allegations within 16 the complaint are accepted as true, except those allegations relating to the amount of damages. 17 TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987). 18 C. 19 (A detailed analysis of each individual Eitel factor, separated by numbered headings. Factors 2 20 (merits of substantive claims) and 3 (sufficiency of complaint) may be listed and analyzed under 21 one heading. Plaintiff(s) shall include citations to cases that are factually similar, preferably 22 within the Ninth Circuit.) 23 D. 24 (An analysis of any relief sought, including a calculation of damages, attorney’s fees, and costs, 25 with citations to relevant legal authority.) 26 Application to the Case at Bar Relief Sought 1. Damages 27 (As damages alleged in the complaint are not accepted as true, the proposed findings must 28 provide (a) legal authority establishing entitlement to such damages, and (b) citations to evidence 3 1 2 supporting the requested damages.) 2. Attorney’s Fees 3 (If attorney’s fees are sought, the proposed findings shall include the following: (1) Evidence 4 supporting the request for hours worked, including a detailed breakdown and identification of the 5 subject matter of each person’s time expenditures, accompanied by actual billing records and/or 6 time sheets; (2) Documentation justifying the requested billing rates, such as a curriculum vitae or 7 resume; (3) Evidence that the requested rates are in line with those prevailing in the community, 8 including rate determinations in other cases of similarly complex litigation, particularly those 9 setting a rate for the plaintiff’s attorney; and (4) Evidence that the requested hours are reasonable, including citations to other cases of similarly complex litigation (preferably from this 11 United States District Court Northern District of California 10 District).) 12 3. Costs 13 (Any request for costs must include citations to evidence supporting the requested costs and 14 relevant legal authority establishing entitlement to such costs.) 15 16 17 CONCLUSION (Disposition, including any specific award amount(s) and judgment.) * * * 18 19 20 21 22 23 24 25 26 27 28 4

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