Fresh & Best Produce, Inc. v. Oaktown Ventures, LLC et al
Filing
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ORDER TO SHOW CAUSE REGARDING PERSONAL JURISDICTION OVER DEFENDANT RICHARD HACKETT AND REGARDING ATTORNEY QUALIFICATIONS. Re: Dkt. No. 14 . Fresh & Best must provide supplemental briefing by 5/17/2017. Signed by Judge Nathanael Cousins on 5/12/2017. (lmh, COURT STAFF) (Filed on 5/12/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FRESH & BEST PRODUCE, INC.,
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United States District Court
Northern District of California
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Plaintiff,
v.
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OAKTOWN VENTURES, LLC,
RICHARD HACKETT,
Defendants.
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Case No. 16-cv-06991 NC
ORDER TO SHOW CAUSE
REGARDING PERSONAL
JURISDICTION OVER
DEFENDANT RICHARD HACKETT
AND REGARDING ATTORNEY
QUALIFICATIONS
Re: Dkt. No. 14
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The Court is in receipt of plaintiff Fresh & Best Produce, Inc.’s motion for default
judgment, but has found deficiencies in the filings by counsel.
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First, it is unclear that the Court has personal jurisdiction over defendant Richard
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Hackett because Fresh & Best has not specified his place of domicile or how his
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association with Oaktown Ventures, LLC brings him within the Court’s jurisdictional
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reach.
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Second, Fresh & Best’s counsel, Susan Bishop, provided the Court with no
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documentation regarding her experience and background, nor has she presented evidence
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showing that her hourly rate is reasonable. The Court cannot properly calculate attorneys’
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fees without such information.
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On Fresh & Best’s motion for default judgment, the burden of proof on both of
these points is Fresh & Best’s, not the Court’s. Thus, by May 17, 2017, Fresh & Best must
Case No. 16-cv-06991 NC
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provide supplemental briefing regarding personal jurisdiction and a declaration and/or
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exhibits regarding attorney Bishop’s fees.
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IT IS SO ORDERED.
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Dated: May 12, 2017
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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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United States District Court
Northern District of California
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Case No. 16-cv-06991 NC
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