Automotive Industries Pension Trust Fund et al v. Reinegger Frame and Wheel, Inc.

Filing 25

ORDER to Submit Supplemental Briefing in Support of Plaintiffs' MOTION for Default Judgment 20 . Signed by Magistrate Judge Donna M. Ryu on 6/3/2016. (dmrlc3, COURT STAFF) (Filed on 6/3/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AUTOMOTIVE INDUSTRIES PENSION TRUST FUND, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 12 Case No. 15-cv-04815-DMR ORDER TO SUBMIT SUPPLEMENTAL BRIEFING IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT v. REINEGGER FRAME AND WHEEL, INC., Re: Dkt. No. 20 Defendant. On May 19, 2016, Plaintiffs Automotive Industries Pension Trust Fund and Automotive 13 Industries Welfare Trust Fund and their Trustees (“Plaintiffs”) filed a motion for default judgment. 14 [Docket No. 20.] Having reviewed that motion, the court determines that Plaintiffs’ accounting of 15 its attorneys’ fees requires further support. While the Declaration of Anne M. Bevington [Docket 16 No. 23] provides an employment background for Bevington and paralegal Julia Jellen, for whom 17 attorney’s fees are requested, the Declaration does not indicate how the hours were spent. Plaintiff 18 requests ten (10) hours for Bevington’s work on this matter and thirty-five (35) hours for Paralegal 19 Jellen’s work without further explanation. Bevington Decl. ¶¶ 14-15. 20 Plaintiff must submit a more detailed accounting sufficient to support Plaintiff’s requested 21 award of reasonable attorneys’ fees for litigating this action, with enough detail such that the court 22 may determine whether the time spent was “excessive, redundant, or otherwise unnecessary.” 23 Hensley v. Eckerhart, 461 U.S. 424, 434 (1983); Bd. of Trs. of the Boilermaker Vacation Trust v. 24 Skelly, Inc., 389 F. Supp. 2d 1222, 1226 (N.D. Cal. 2005) (analyzing the declarations regarding 25 attorney time expended on motion for default judgment to determine a reasonable award of 26 attorneys’ fees); see also N.D. Cal. Civ. L.R. 54-5. 27 28 Plaintiffs shall submit additional briefing by 1 p.m. on June 10, 2016 to address the above deficiency in the motion for default judgment. Any opposition or statement of non-opposition is 1 2 3 due no later than June 17, 2016. Immediately upon receipt of this Order, Plaintiffs shall serve Defendant with a copy of this Order and file a proof of service with the court. 4 5 6 7 8 IT IS SO ORDERED. Dated: June 3, 2016 ______________________________________ Donna M. Ryu United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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