Pension Plan for Pension Trust Fund for Operating Engineers et al v. Construction Materials Testing, Inc.

Filing 39

ORDER to Submit Supplemental Briefing in Support of 20 MOTION for Default. Signed by Magistrate Judge Donna M. Ryu on 7/11/2016. (dmrlc3, COURT STAFF) (Filed on 7/11/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8

PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,
Plaintiffs,

9
v.
10

United States District Court
Northern District of California

11
12
13

CONSTRUCTION MATERIALS
TESTING, INC., et al.,

Case No. 15-cv-05325-DMR
ORDER TO SUBMIT SUPPLEMENTAL
BRIEFING IN SUPPORT OF MOTION
FOR DEFAULT JUDGMENT
Re: Dkt. No. 20

Defendants.
On April 15, 2016, Plaintiffs Pension Plan for Pension Trust Fund Operating Engineers,

14

Richard Piombo, and Russell E. Burns filed a motion for default judgment. [Docket No. 20.]

15

Having reviewed that motion, this court determines that further supplemental briefing is required.

16

Plaintiffs request $7,959.0 in attorneys’ fees through April 1, 2016. Mot. at 11, Cargain

17

Decl., Ex. C. In support of this request, Plaintiffs have submitted the total amount of time

18

expended by each of Plaintiffs’ attorneys and paralegals. However, Plaintiffs do not provide any

19

explanation of how the requested time was spent. Plaintiffs must submit a more detailed

20

accounting sufficient to support Plaintiff’s requested award of reasonable attorneys’ fees for

21

litigating this action, such that the court may determine whether the time spent was “excessive,

22

redundant, or otherwise unnecessary.” Hensley v. Eckerhart, 461 U.S. 424, 434 (1983); see also

23
24
25
26
27
28

N.D. Cal. Civ. L.R. 54-5.
Furthermore, Plaintiffs request $2,000.00 in investigative costs as part of the request for
attorneys’ fees, but does not explain what the requested investigative costs cover and whether the
investigative costs overlap at all with the requested attorneys’ fees. Mot. at 13; Cargain Decl., Ex.
C. Plaintiffs shall provide sufficient information explaining the requested investigative costs to
allow the court to determine whether such investigative costs were reasonably and actually

1
2

incurred.
Plaintiffs shall submit additional briefing by 1:00 p.m. on July 15, 2016, to address the

3

above deficiencies in the motion for default judgment. Any opposition or statement of non-

4

opposition is due no later than July 20, 2016.

5
6

Immediately upon receipt of this Order, Plaintiffs shall serve Defendant Construction
Materials Testing, Inc. with a copy of this Order and file a proof of service with the court.

7
8
9
10

United States District Court
Northern District of California

11

IT IS SO ORDERED.
Dated: July 11, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2