Whitehead v. Simm Associates, Inc.

Filing 15

ORDER to File Amended Motion for Default Judgment. Motions terminated: 14 MOTION for Default Judgment filed by Sylvia Whitehead. Signed by Magistrate Judge Donna M. Ryu on 02/28/2013. (dmrlc1, COURT STAFF) (Filed on 2/28/2013)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

SYLVIA WHITEHEAD,

11
For the Northern District of California

United States District Court

10

Plaintiff(s),

No. C-12-05158 DMR
ORDER TO FILE AMENDED MOTION
FOR DEFAULT JUDGMENT

v.

12

SIMM ASSOCIATES, INC.,

13

Defendant(s).
___________________________________/

14
15

On February 26, 2013, Plaintiff filed a motion for default judgment. [Docket No. 14.]

16

Plaintiff did not file the motion as a noticed motion pursuant to the Civil Local Rules. By no later

17

than March 15, 2013, Plaintiff is ordered to file an amended motion for default judgment and notice

18

it for hearing pursuant to Civil Local Rule 7-2.

19

In her forthcoming amended motion for default judgment, Plaintiff shall brief her entitlement

20

to the entry of default judgment pursuant to the factors enumerated in the Ninth Circuit’s decision in

21

Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986), for each separate cause of action for which

22

Plaintiff seeks the entry of default judgment. The court notes that upon entry of default, the factual

23

allegations within the complaint are accepted as true, except those relating to the amount of

24

damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir.1987). A plaintiff must

25

establish damages in default proceedings. Necessary facts not contained in the pleadings and claims

26

which are legally insufficient are not established by default. Cripps v. Life Ins. Co. of N. Am., 980

27

F.2d 1261, 1267 (9th Cir. 1992). Plaintiff shall also submit a detailed accounting sufficient to

28

support any requested award of costs and reasonable attorneys’ fees for litigating this action.

Order and file a proof of service with the court.

10
11
For the Northern District of California

United States District Court

ER

H

9

RT

8

DONNA M. RYUna M. Ryu
Unitedudge Don
J States Magistrate Judge

NO

7

Dated: February 28, 2013

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

R NIA

6

D

RDERE

OO
IT IS S

FO

5

UNIT
ED

IT IS SO ORDERED.

S DISTRICT
TE
C
TA

RT
U
O

4

S

3

LI

2

Immediately upon receipt of this Order, Plaintiff shall serve Defendant with a copy of this

A

1

N

F
D IS T IC T O
R

C