Mariano et al v. Villa et al

Filing 68

ORDER GRANTING 61 MOTION FOR DEFAULT JUDGMENT. Signed by Judge Edward J. Davila on 7/27/2017. Judgment will be entered accordingly, and the Clerk shall then close this file. (ejdlc2S, COURT STAFF) (Filed on 7/27/2017)

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1 KYRA A. KAZANTZIS (STATE BAR NO. 154612) kyrak@lawfoundation.org NADIA AZIZ (STATE BAR NO. 252966) nadia.aziz@lawfoundation.org 2 THOMAS ZITO (STATE BAR NO. 304629) tom.zito@lawfoundation.org MATTHEW WARREN (STATE BAR NO. 305422) matthew.warren@lawfoundation.org 3 ALEXIS MOODY (STATE BAR NO. 266058) alexis.moody@lawfoundation.org LAW FOUNDATION OF SILICON VALLEY 4 152 North Third Street, 3rd Floor San Jose, CA 95112 5 Telephone: (408) 280-2410 Facsimile: (408) 293-0106 6 JON MICHAELSON (STATE BAR NO. 83815) jmichaelson@kilpatricktownsend.com 7 KO-FANG CHANG (STATE BAR NO. 213431) kchang@kilpatricktownsend.com KILPATRICK TOWNSEND & STOCKTON, LLP 8 1080 Marsh Road Menlo Park, CA 94025 9 Telephone: (650) 326-2400 Facsimile: (650) 326-2422 10 Attorneys for Plaintiffs CIRINA JUSTO MARIANO, an individual, and as guardian ad litem for 11 A.C.G., a minor, and A.D.G., a minor 12 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 (SAN JOSE DIVISION) 15 16 17 CIRINA JUSTO MARIANO, an individual, and as guardian ad litem for A.C.G., a minor, and A.D.G., a minor, 18 Plaintiffs, 19 Case No. 16-CV-03467-EJD PROPOSED ORDER GRANTING DEFAULT JUDGMENT AGAINST ENRIQUE VILLA v. 20 21 22 ENRIQUE V. VILLA, RIGOBERTO VILLA and ARTURO VILLA, Defendants. 23 24 25 26 27 Plaintiffs’ Motion for Entry of Default Judgmentcame before this Court for hearing on July 27, 2017. This motion is unopposed. Having considered the Plaintiff’s submissions and oral arguments, the relevant law, and the record in the case, the Court GRANTS Plaintiffs’ Motion for Entry of Default Judgment. The Clerk of Court is instructed to enter default judgment against Defendant Enrique Villa as follows: 28 PROPOSED ORDER CASE NO. 16-CV-03467-EJD -1- 1 1. Judgment shall be entered in favor of A.C.G. against Defendant Enrique Villa in 2 the amount of $750,000 in compensatory damages and $250,000 in punitive 3 damages. 4 5 2. Judgment shall be entered in favor of A.D.G. against Defendant Enrique Villa in the amount of $750,000 in compensatory damages and $250,000 in punitive damages. 6 7 8 9 10 11 3. Judgment shall be entered in favor of Cirina Justo Mariano against Defendant Enrique Villa in the amount of $299,200 in compensatory damages and $250,000 in punitive damages 4. Plaintiffs shall be awarded attorney’s fees in the amount of $309,040.00 and costs in the amount of $5,171.19. 5. All recovery on the portions of the judgment issued in favor of the minor children, 12 A.C.G. and A.D.G. will be held for them in trust and administered independently in 13 20 their best interests until they reach the age of ______________. 14 IT IS SO ORDERED. 15 16 July 27 Dated: _______, 2017 17 _____________________________ EDWARD J. DAVILA United States District Judge 18 19 20 21 CERTIFICATE OF SERVICE I hereby certify that this document, and any exhibits and attachments thereto, has been filed through the CM/ECF system, so as to result in service upon all parties who have appeared and have registered as ECF users by transmission of a Notice of Electronic Filing (NEF). 22 23 DATE: July 7, 2017 24 /s/ Thomas Zito Thomas Zito 25 26 27 28 PROPOSED ORDER CASE NO. 16-CV-03467-EJD -2-

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