Rosas v. Chang et al

Filing 26

INTERIM ORDER re 24 MOTION for Default Judgment by the Court filed by Francisco Rosas. Plaintiff's supplemental letter brief due by 1/17/2014. Signed by Magistrate Judge Howard R. Lloyd on 1/7/2014. (hrllc2, COURT STAFF) (Filed on 1/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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FRANCISCO ROSAS,

Case No. 5:13-cv-01800 HRL

Plaintiff,
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INTERIM ORDER RE PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT

v.
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HUA PING CHANG dba SHANGRI-LA
LIA LIA CORPORATION; SHANGRI-LA
LIA LIA CORPORATION; TOM CHANG
dba TJK CHANG CORPORATION; TJK
CHANG CORPORATION,
Defendants.
On December 17, 2013, the court held a hearing on plaintiff’s motion for default judgment.

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Plaintiff’s counsel, however, did not appear and instead sent another attorney to make a “special

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appearance” on plaintiff’s behalf. That specially appearing attorney had not had any prior

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involvement in the case. The court therefore directed the attorney to have plaintiff’s counsel

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submit a supplemental letter brief addressing the possible inconsistency between plaintiff’s

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supporting declaration ¶ 9 (in which he says that he always worked overtime) and the allegations

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of his complaint ¶¶ 14-15, 23 (in which he says that defendants “routinely” required him to work

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overtime, and he “occasionally” did so). See Fed. R. Civ. P. 54(c) (“A default judgment must not

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differ in kind from, or exceed in amount, what is demanded in the pleadings.”). Plaintiff having

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not yet submitted his supplemental letter brief, the court orders him to do so no later than January

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17, 2014.

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SO ORDERED.

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Dated: January 7, 2014

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______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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5:13-cv-01800-HRL Notice has been electronically mailed to:
James Dal Bon

[e-mail], [e-mail], [e-mail]

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United States District Court
Northern District of California

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