Arguello Gonzalez v. Lupita's Restaurant et al

Filing 24

ORDER REQUIRING PROOF OF SERVICE re: 23 MOTION for Default Judgment; CONTINUING MOTION HEARING. Certificate of Service due no later than 6/30/2015. Motion Hearing continued to 7/23/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 6/9/2015. (blflc2, COURT STAFF) (Filed on 6/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LAURA ARGUELLO GONZALEZ,

Case No. 14-cv-03099-BLF

Plaintiff,
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v.
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LUPITA'S RESTAURANT, et al.,
Defendants.

ORDER REQUIRING PROOF OF
SERVICE; CONTINUING MOTION
HEARING
[Re: ECF 23]

United States District Court
Northern District of California

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The Court has reviewed plaintiff Laura Arguello Gonzalez’s Application for Default

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Judgment Against Defendants Lupita’s Restaurant and Tacos Al Carbon, Maria Perez-Guizar, and

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Berenice Perez-Guizar. ECF 23. Federal Rule of Civil Procedure 54(c) provides that “a default

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judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings.”

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Plaintiff’s Complaint does not allege with specificity the amount that she is seeking to recover

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from the defendants, nor even when she began her employment with the defendants. The Court

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accordingly requires proof that the defendants are on notice of the amount of damages and fees

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sought in judgment. Plaintiff shall certify that the defendants have been served with her motion

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for default judgment, statement of damages, or the like by no later than June 30, 2015.

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The June 11, 2015 hearing on Plaintiff’s motion for default judgment is HEREBY
CONTINUED to July 23, 2015.
IT IS SO ORDERED.
Dated: June 9, 2015
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BETH LABSON FREEMAN
United States District Judge