Andrade v. Arby's Restaurant Group, Inc. et al

Filing 89

ORDER TO PLAINTIFF TO SHOW CAUSE. Re: Dkt. No. 87 . Andrade must respond this order by 8/17/2016. Signed by Judge Nathanael Cousins on 8/3/2016. (lmh, COURT STAFF) (Filed on 8/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIRIAM ANDRADE,

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Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-03175 NC
ORDER TO PLAINTIFF TO SHOW
CAUSE

v.
ALTAMIRA CORPORATION,

Re: Dkt. No. 87

Defendant.

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In this employment action, plaintiff Andrade re-notices her motion for default
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judgment in the amount of $275,804.92 against defendant Altamira after voluntarily
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dismissing defendant Mota as a result of settlement. Dkt. No. 87. The Court will hear
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Andrade’s motion for default judgment against Altamira on September 7, 2016, at 1:00
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p.m. However, before hearing the motion, the Court orders Andrade to submit her
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settlement agreement with Mota to the Court or show cause why the settlement of claims
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against Mota is irrelevant to the damages claims against Altamira. This information will
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assist the Court in ensuring that duplicative damages are not awarded in the default
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judgment. Andrade must respond to this order by August 17, 2016.
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Further, Andrade is hereby given notice that the September 7, 2016, hearing will be
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an evidentiary hearing. See Fed. R. Civ. Pro. 55(b)(2)(B). Andrade must be prepared to
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put on a competent witness regarding her damages.
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IT IS SO ORDERED.
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Dated: August 3, 2016
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Case No. 15-cv-03175 NC

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NATHANAEL M. COUSINS
United States Magistrate Judge