J & J Sports Productions, Inc. v. Segura

Filing 25

ORDER re 21 MOTION for Default Judgment. Plaintiff to submit a proposed order and supplemental briefing by the reply deadline, ORDER Setting Hearing on Motion 21 MOTION for Default Judgment by the Court as to JESUS SEGURA : Motion Hearing set for 4/5/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 2/20/2018. (kawlc1, COURT STAFF) (Filed on 2/20/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

Case No. 4:17-cv-05335-YGR (KAW)

Plaintiff,
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v.
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JESUS SEGURA,
Defendant.

ORDER REGARDING MOTION FOR
DEFAULT JUDGMENT; ORDER
SETTING HEARING ON MOTION FOR
DEFAULT JUDGMENT
Re: Dkt. No. 21

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United States District Court
Northern District of California

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On February 9, 2018, Plaintiff J & J Sports Productions, Inc. filed a Motion for Default

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Judgment, which was referred to the undersigned for report and recommendation. (Dkt. No. 21.)

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All briefing shall be in compliance with Civil Local Rule 7, including opposition and reply filing

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deadlines. However, if no opposition is filed by the deadline under Rule 7, Plaintiff shall instead

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file a proposed order by the reply deadline. The submission shall be structured as outlined in

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Attachment A below and include all relevant legal authority and analysis necessary to establish the

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case. Plaintiff shall also email the proposed findings in Microsoft Word (.docx) format to

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[e-mail]. No chambers copies of the proposed order need to be submitted.
Should Plaintiff seek the recovery of attorneys’ fees and costs, it is ordered to file a

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supplemental brief not to exceed 8 pages, plus any supporting declaration(s), also by the reply

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filing deadline. As such, the undersigned expects the attorneys’ fees and costs analysis to be

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included in the proposed order.
The hearing on the motion for default judgment is set for April 5, 2018 at 1:30 p.m. in

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Courtroom 4, 1301 Clay Street, Oakland, California.

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Plaintiff is ordered to serve this notice upon all other parties in this action.

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IT IS SO ORDERED.

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Dated: February 20, 2018
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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ATTACHMENT A

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* * *

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INTRODUCTION

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(Relief sought and disposition.)

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I.

BACKGROUND

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(The pertinent factual and procedural background, including citations to the Complaint and

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record. Plaintiff(s) should be mindful that only facts in the Complaint are taken as true for

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purposes of default judgment; therefore, Plaintiff(s) should cite to the Complaint whenever

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possible.)

United States District Court
Northern District of California

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II.

LEGAL STANDARD

(Include the following standard)
Federal Rule of Civil Procedure 55(b)(2) permits a court to enter a final judgment in a case

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following a defendant’s default. Shanghai Automation Instrument Co. v. Kuei, 194 F. Supp. 2d

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995, 999 (N.D. Cal. 2001). Whether to enter a judgment lies within the court’s discretion. Id. at

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999 (citing Draper v. Coombs, 792 F.2d 915, 924-25 (9th Cir. 1986)).

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Before assessing the merits of a default judgment, a court must confirm that it has subject

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matter jurisdiction over the case and personal jurisdiction over the parties, as well as ensure the

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adequacy of service on the defendant. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). If the

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court finds these elements satisfied, it turns to the following factors (“the Eitel factors”) to

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determine whether it should grant a default judgment:
(1) the possibility of prejudice to the plaintiff, (2) the merits of
plaintiff’s substantive claim, (3) the sufficiency of the complaint, (4)
the sum of money at stake in the action[,] (5) the possibility of a
dispute concerning material facts[,] (6) whether the default was due
to excusable neglect, and (7) the strong policy underlying the
Federal Rules of Civil Procedure favoring decision on the merits.

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Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (citation omitted). Upon entry of default,

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all factual allegations within the complaint are accepted as true, except those allegations relating to

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the amount of damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).

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Where a default judgment is granted, the scope of relief “must not differ in kind from, or exceed in
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amount, what is demanded in the pleadings.” Fed. R. Civ. P. 54(c).

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III.
A.

DISCUSSION

Jurisdiction and Service of Process

(Include the following standard)
In considering whether to enter default judgment, a district court must first determine

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whether it has jurisdiction over the subject matter and the parties to the case. In re Tuli, 172 F.3d

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707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who has failed to

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plead or otherwise defend, a district court has an affirmative duty to look into its jurisdiction over

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both the subject matter and the parties.”).

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i.

Subject Matter Jurisdiction

United States District Court
Northern District of California

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(Establish the basis for the Court’s subject matter jurisdiction, including citations to relevant case

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law and United States Code provisions.)

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ii.

Personal Jurisdiction

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(Establish the basis for the Court’s personal jurisdiction, including citations to relevant legal

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authority, specific to each defendant. If seeking default judgment against any out-of-state

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defendants, this shall include a minimum contacts analysis under Schwarzenegger v. Fred Martin

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Motor Co., 374 F.3d 797, 802 (9th Cir. 2004)).

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iii.

Service of Process

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(Establish the adequacy of the service of process on the party against whom default is requested,

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including relevant provisions of Federal Rule of Civil Procedure 4.)

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B.

Application to the Case at Bar

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(A detailed analysis of each individual Eitel factor, separated by numbered headings. Factors 2

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(merits of substantive claims) and 3 (sufficiency of complaint) may be listed and analyzed under

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one heading. Plaintiff(s) shall include citations to cases that are factually similar, preferably

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within the Ninth Circuit.)

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IV.

RELIEF SOUGHT

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(An analysis of any relief sought, including a calculation of damages, attorneys’ fees, etc., with

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citations to relevant legal authority.)
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1.

Damages

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(As damages alleged in the complaint are not accepted as true, the proposed findings must

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provide (a) legal authority establishing entitlement to such damages, and (b) citations to evidence

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supporting the requested damages.)

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2.

Attorney’s Fees

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(If attorney’s fees and costs are sought, the proposed findings shall include the following: (1)

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Evidence supporting the request for hours worked, including a detailed breakdown and

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identification of the subject matter of each person’s time expenditures, accompanied by actual

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billing records and/or time sheets; (2) Documentation justifying the requested billing rates, such
as a curriculum vitae or resume; (3) Evidence that the requested rates are in line with those

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United States District Court
Northern District of California

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prevailing in the community, including rate determinations in other cases of similarly complex

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litigation, particularly those setting a rate for the plaintiff’s attorney; and (4) Evidence that the

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requested hours are reasonable, including citations to other cases of similarly complex litigation

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(preferably from this District).

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3.

Costs

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(Any request for costs must include citations to evidence supporting the requested costs and

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relevant legal authority establishing entitlement to such costs.)

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V.

CONCLUSION

(Disposition, including any specific award amount(s) and judgment.)
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