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)

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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

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