Ohio Casualty Insurance Company, The v. Park et al

Filing 16

ORDER to Submit Supplemental Briefing in Support of 14 MOTION for Default Judgment by the Court as to Defendants James In Wung Park and Kathy Park filed by Ohio Casualty Insurance Company. Signed by Magistrate Judge Donna M. Ryu on 10/19/2015. (dmrlc1, COURT STAFF) (Filed on 10/19/2015)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OHIO CASUALTY INSURANCE COMPANY, THE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 15-cv-02716-DMR ORDER TO SUBMIT SUPPLEMENTAL BRIEFING IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT v. JAMES IN WUNG PARK, et al., Re: Dkt. No. 14 Defendants. On October 12, 2015, Plaintiff Ohio Casualty Insurance Company filed a motion for 13 default judgment. [Docket No. 14.] Having reviewed that motion, this court determines that 14 Plaintiff did not brief the issue of this court’s subject matter jurisdiction over this controversy, nor 15 did it establish this court’s personal jurisdiction over Defendants James In Wung Park and Kathy 16 Park. Furthermore, it did not address the adequacy of service on Defendants. See In re Tuli, 172 17 F.3d 707, 712 (9th Cir. 1999) (before assessing merits of motion for default judgment, court must 18 confirm that it has subject matter jurisdiction over case and personal jurisdiction over parties, as 19 well as ensure adequacy of service on defendant). 20 Additionally, Plaintiff’s accounting of its attorneys’ fees and costs does not separate the 21 fees incurred by each attorney and legal assistant. Plaintiff must submit a more detailed 22 accounting sufficient to support Plaintiff’s requested award of reasonable attorneys’ fees for 23 litigating this action, such that the court may determine whether the time spent was “excessive, 24 redundant, or otherwise unnecessary.” Hensley v. Eckerhart, 461 U.S. 424, 434 (1983); see also 25 N.D. Cal. Civ. L.R. 54-5. Plaintiff also did not submit evidence of the costs it seeks in connection 26 with this action, nor did it explain the basis for the $637.60 in costs “per contract” it seeks. (See 27 Durante Decl., Oct. 12, 2015, ¶¶ 25, 26.) 28 Plaintiff shall submit additional briefing by October 30, 2015, to address the above 1 deficiencies in the motion for default judgment. Any opposition or statement of non-opposition is 2 due no later than November 13, 2015. The parties shall comply with Civil Local Rule 5-1(e)(7). 3 Immediately upon receipt of this Order, Plaintiff shall serve Defendants with a copy of this Order and file a proof of service with the court. S 11 United States District Court Northern District of California R NIA Ju ER H 10 FO ______________________________________ Donna M. Ryu M. Ryu United States Magistrate Judge Donna dge RT 9 Dated: October 19, 2015 DERED O OR IT IS S NO 8 IT IS SO ORDERED. LI 7 UNIT ED 6 RT U O 5 S DISTRICT TE C TA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 A 4 N D IS T IC T R OF C

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?