Whitehead v. Simm Associates, Inc.
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SYLVIA WHITEHEAD,
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For the Northern District of California
United States District Court
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Plaintiff(s),
No. C-12-05158 DMR
ORDER TO FILE AMENDED MOTION
FOR DEFAULT JUDGMENT
v.
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SIMM ASSOCIATES, INC.,
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Defendant(s).
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On February 26, 2013, Plaintiff filed a motion for default judgment. [Docket No. 14.]
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Plaintiff did not file the motion as a noticed motion pursuant to the Civil Local Rules. By no later
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than March 15, 2013, Plaintiff is ordered to file an amended motion for default judgment and notice
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it for hearing pursuant to Civil Local Rule 7-2.
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In her forthcoming amended motion for default judgment, Plaintiff shall brief her entitlement
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to the entry of default judgment pursuant to the factors enumerated in the Ninth Circuit’s decision in
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Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986), for each separate cause of action for which
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Plaintiff seeks the entry of default judgment. The court notes that upon entry of default, the factual
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allegations within the complaint are accepted as true, except those relating to the amount of
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damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir.1987). A plaintiff must
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establish damages in default proceedings. Necessary facts not contained in the pleadings and claims
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which are legally insufficient are not established by default. Cripps v. Life Ins. Co. of N. Am., 980
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F.2d 1261, 1267 (9th Cir. 1992). Plaintiff shall also submit a detailed accounting sufficient to
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support any requested award of costs and reasonable attorneys’ fees for litigating this action.
Order and file a proof of service with the court.
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For the Northern District of California
United States District Court
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DONNA M. RYUna M. Ryu
Unitedudge Don
J States Magistrate Judge
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Dated: February 28, 2013
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IT IS S
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IT IS SO ORDERED.
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Immediately upon receipt of this Order, Plaintiff shall serve Defendant with a copy of this
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