The Board of Trustees et al v. C & L Coatings, Inc.

Filing 24

ORDER FOR PLAINTIFFS TO FILE PROPOSED FINDINGS & CONCLUSIONS OF LAW re 17 MOTION for Default Judgment by the Court as to Defendant C&L Coatings, Inc. filed by Laborers Pension Trust Fund for Northern California, Laborers Training and Retraining Trust Fund for Northern California, The Board of Trustees, Laborers Vacation-Holiday Trust Fund for Northern California. Signed by Judge Maria-Elena James on 12/13/2012. (cdnS, COURT STAFF) (Filed on 12/13/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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THE BOARD OF TRUSTEES ET AL,
Plaintiff(s),

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v.
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No. C 12-01368 CW (MEJ)
ORDER FOR PLAINTIFFS TO FILE
PROPOSED FINDINGS OF FACT &
CONCLUSIONS OF LAW

C & L COATINGS, INC.,
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Defendant(s).
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs are hereby ORDERED to file proposed findings of fact and conclusions of law by

14 December 14, 2012 at noon. A copy of the proposed findings in either WordPerfect or Word format
15 must also be emailed to [e-mail]. No chambers copies need to be submitted.
16 Plaintiffs’ submission shall be structured as outlined in Attachment A below, and shall include all
17 relevant legal authority and analysis necessary to establish the case.
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IT IS SO ORDERED.

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21 Dated: December 13, 2012
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

ATTACHMENT A

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I. INTRODUCTION

5 (Relief sought and disposition.)
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II. BACKGROUND

7 (The pertinent factual and procedural background, including citations to the Complaint and record.)
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9 A.
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III. DISCUSSION
Jurisdiction and Service of Process
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Subject Matter Jurisdiction

12 Code provisions and/or cases.)
For the Northern District of California

UNITED STATES DISTRICT COURT

11 (The basis for the Court’s subject matter jurisdiction, including citations to relevant United States

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2.

Personal Jurisdiction

14 (The basis for the Court’s personal jurisdiction. If seeking default judgment against any out-of-state
15 defendants, this shall include a minimum contacts analysis under Schwarzenegger v. Fred Martin
16 Motor Co., 374 F.3d 797, 802 (9th Cir. 2004)).
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3.

Service of Process

18 (The adequacy of the service of process on the party against whom default is requested, including
19 relevant provisions of Federal Rule of Civil Procedure 4.)
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Legal Standard

21 (An explanation of the default judgment standard under Federal Rule of Civil Procedure 55(b)(2) and
22 the factors considered in the Ninth Circuit under Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir.
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24 C.

Application to the Case at Bar

25 (A breakdown of each individual factor in Eitel, separated by numbered headings. Plaintiff shall
26 include citation to cases that are factually similar, preferably within the Ninth Circuit.)
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1 D.

Relief Sought

2 (An analysis of any relief sought, including damages, attorneys’ fees, etc. If attorneys’ fees and costs
3 are sought, the proposed findings shall include the following: (1) Evidence supporting the request for
4 hours worked, including a breakdown and identification of the subject matter of each person’s time
5 expenditures, accompanied by actual billing records and/or time sheets; (2) Documentation justifying
6 the requested billing rates, such as a curriculum vitae or resume; (3) Evidence that the requested rates
7 are in line with those prevailing in the community, including rate determinations in other cases of
8 similarly complex litigation, particularly those setting a rate for the plaintiff’s attorney; and (4)
9 Evidence that the requested hours are reasonable, including citations to other cases of similarly
10 complex litigation (preferably from this District)).
IV. CONCLUSION

12 (Disposition, including any specific award amount(s) and judgment.)
For the Northern District of California

UNITED STATES DISTRICT COURT

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