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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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APL CO. Pte., LTD., and AMERICAN
PRESIDENT LINES, LTD.,

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Plaintiffs,

No. CV 11-04851 YGR (DMR)
ORDER FOR SUPPLEMENTAL
BRIEFING

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v.
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CRUZ INTERNATIONAL, INC.,
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Defendant.
___________________________________/

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Having reviewed Plaintiffs’ Motion for Default Judgment, the court hereby orders Plaintiffs
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to submit supplemental evidence and information in support of the Motion as follows, by no later
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than January 31, 2012:
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(1)

A more detailed explanation as to why this Court is a proper venue for this claim

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pursuant to ¶ 4(a) of the Service Contract between the parties. [Docket No. 17.]
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(2)

A more detailed accounting of the amounts of time spent by counsel and support staff

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on particular tasks, sufficient to support Plaintiffs’ requested award of reasonable
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attorneys’ fees for litigating this action.
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(3)

Time records to support Plaintiffs’ request for additional attorneys’ fees, such that the

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court may determine whether the time spent was “excessive, redundant, or otherwise
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unnecessary.” Hensley v. Eckerhart, 461 U.S. 424, 434, (1983); see also Civ. L.R.

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54-5.

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The court notes that although the factual contentions of the operative complaint must be

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accepted as true when determining the liability of a defaulting defendant, this rule does not apply to

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statements regarding damages. Geddes v. United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977). A

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plaintiff must establish damages in default proceedings.

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Immediately upon receipt of this Order, Plaintiffs shall serve a copy on Defendant and shall

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e-file a proof of service on the same day that service is effected. At the same time Plaintiffs’

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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.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: January 24, 2012

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DONNA M. RYU
United States Magistrate Judge

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