Solano-Napa Counties Electrical Workers Health and Welfare Trust et al v. Cameron

Filing 16

ORDER Requesting Supplemental Briefing re 13 MOTION for Default Judgment by the Court as to Defendant filed by SOLANO-NAPA COUNTIES LABOR MANAGEMENT COOPERATION TRUST, SOLANO-NAPA COUNTIES ELECTRICAL WORKERS PROFIT SHARING PLAN, National Electrical Benefit Fund, Solano-Napa Counties Electrical Workers Pension Trust, Greg Armstrong, Solano-Napa Counties Electrical Workers Health and Welfare Trust, SOLANO-NAPA COUNTIES JOINT ELECTRICAL EDUCATION AND TRAINING TRUST, Da n Broadwater, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 180, ORDER Setting Hearing on Motion 13 MOTION for Default Judgment by the Court as to Defendant : Motion Hearing set for 4/14/2016 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Judge Donna M. Ryu on 3/22/16. (dmrlc3, COURT STAFF) (Filed on 3/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SOLANO-NAPA COUNTIES
ELECTRICAL WORKERS HEALTH AND
WELFARE TRUST, et al.,

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Plaintiffs,
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v.
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ZACHARY ALAN CAMERON,

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Case No. 15-cv-05765-YGR (DMR)
ORDER TO SUBMIT SUPPLEMENTAL
BRIEFING IN SUPPORT OF MOTION
FOR DEFAULT JUDGMENT; SETTING
HEARING ON MOTION
Re: Dkt. No. 13

United States District Court
Northern District of California

Defendant.
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On February 24, 2016, Plaintiffs1 filed a motion for default judgment. [Docket No. 13.]

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The motion was referred to the undersigned by the Hon. Yvonne Gonzalez Rogers for a Report
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and Recommendation. [Docket No. 14.]
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Having reviewed that motion, this court determines that Plaintiffs did not brief their
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entitlement to the entry of default judgment pursuant to the factors enumerated in the Ninth
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Circuit’s decision in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986).

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Plaintiffs did not explain the basis for the 7% interest rate they applied or show how they
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calculated the interest amounts for each payment.
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Plaintiff shall submit supplemental briefing explaining the basis for the 7% interest rate
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and showing how they calculated the amount of interest they seek to recover by March 28, 2016,
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to address the above deficiencies in the motion for default judgment. Any opposition or statement
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Plaintiffs are Solano-Napa Counties Electrical Workers’ Health and Welfare Trust, Solano-Napa
Counties Electrical Workers’ Pension Trust, Solano-Napa Counties Electrical Workers’ Profit
Sharing Plan, Solano-Napa Counties Joint Electrical Education and Training Trust, Solano-Napa
Counties Labor Management Cooperation Trust, and National Electrical Fund (collectively
“Trusts”); International Brotherhood of Electrical Workers Local 180 (hereinafter “Union”); and
Dan Broadwater and Greg Armstrong who are trustees and fiduciaries of each trust.

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of non-opposition is due no later than April 4, 2016.
You are hereby notified that the hearing on the motion is set for April 14, 2016 at 11:00

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a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California 94612. For courtroom

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number and floor information, please check the Court’s on-line calendar at

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http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly Calendars” link, then select

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Judge Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at [phone], one

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week prior to the scheduled hearing.

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Immediately upon receipt of this Order, Plaintiff shall serve Defendant with a copy of
this Order and file a proof of service with the court.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: March 22, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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