APL CO. Pte., LTD., et al v. Cruz International, Inc.

Filing 22

ORDER. Signed by Magistrate Judge Donna M. Ryu on 1/24/2012. (dmrlc2, COURT STAFF) (Filed on 1/24/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 APL CO. Pte., LTD., and AMERICAN PRESIDENT LINES, LTD., 12 Plaintiffs, No. CV 11-04851 YGR (DMR) ORDER FOR SUPPLEMENTAL BRIEFING 13 v. 14 CRUZ INTERNATIONAL, INC., 15 16 Defendant. ___________________________________/ 17 18 Having reviewed Plaintiffs’ Motion for Default Judgment, the court hereby orders Plaintiffs 19 to submit supplemental evidence and information in support of the Motion as follows, by no later 20 than January 31, 2012: 21 (1) A more detailed explanation as to why this Court is a proper venue for this claim 22 pursuant to ¶ 4(a) of the Service Contract between the parties. [Docket No. 17.] 23 (2) A more detailed accounting of the amounts of time spent by counsel and support staff 24 on particular tasks, sufficient to support Plaintiffs’ requested award of reasonable 25 attorneys’ fees for litigating this action. 26 (3) Time records to support Plaintiffs’ request for additional attorneys’ fees, such that the 27 court may determine whether the time spent was “excessive, redundant, or otherwise 28 1 unnecessary.” Hensley v. Eckerhart, 461 U.S. 424, 434, (1983); see also Civ. L.R. 2 54-5. 3 The court notes that although the factual contentions of the operative complaint must be 4 accepted as true when determining the liability of a defaulting defendant, this rule does not apply to 5 statements regarding damages. Geddes v. United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977). A 6 plaintiff must establish damages in default proceedings. 7 Immediately upon receipt of this Order, Plaintiffs shall serve a copy on Defendant and shall 8 e-file a proof of service on the same day that service is effected. At the same time Plaintiffs’ 9 supplemental information as ordered herein is submitted to the court, Plaintiffs shall serve Defendant with a copy and file a proof of service with the court. Service by Plaintiffs may be made by mail. 11 For the Northern District of California United States District Court 10 12 IT IS SO ORDERED. 13 14 Dated: January 24, 2012 15 DONNA M. RYU United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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