Brandon Vogts v. Home Bay Technologies, Inc.

United States District Court for the Central District of California

Brandon Vogts v. Home Bay Technologies, Inc.

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 21-8114-FMO (RAOx) Date November 23, 2021 Title Brandon Vogts v. Home Bay Technologies, Inc. et al Present: The Honorable Fernando M. Olguin, United States District Judge Gabriela Garcia None None Deputy Clerk Court Reporter / Recorder Tape No. Attorney Present for Plaintiff(s): Attorney Present for Defendant(s): None Present None Present Proceedings: (In Chambers) Order Re: Further Proceedings On November 23, 2021, the Clerk entered default as to Home Bay Technologies, Inc.. Accordingly, IT IS ORDERED THAT: 1. Plaintiff shall file and serve a motion for default judgment no later than December 7, 2021, and notice it for hearing pursuant to the Local Rules. The motion shall include all types of relief plaintiff seeks, i.e., damages, injunctive relief and attorney’s fees. Failure to include a request for a particular type of relief shall result in the denial of the relief omitted from the moving papers. At a minimum, plaintiff’s motion shall address: (a) procedural history of the action, (b) the requirements set forth in Local Rule 55-1; (c) the default judgment factors set forth in Eitel v. McCool,

782 F.2d 1470

(9th Cir. 1986); (d) the legal authority that sets out the elements of the causes of action upon which plaintiff seeks default judgment;1 and (e) the legal and factual basis – with specific citations to statutes and case law – for its damages calculations and attorney’s fees claims. The damages calculations must be supported by detailed, clear, and thorough calculations, and cite to the underlying admissible evidence, such as contracts, spreadsheets, and declarations. Plaintiff’s motion must include the calculations within the text of the memorandum of points and authorities and, if appropriate, include a separate table or chart entitled, “Calculations Summary.” 2. Plaintiff is advised that failure to failure to file the motion for default judgment by the deadline set forth above or comply with the requirements set forth in this Order and/or to provide sufficient information for the court to make a determination as to any issue or damages calculation, may result in the motion being denied and/or the action against defendant being dismissed for failure to prosecute and/or to comply with a court order. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,

370 U.S. 626, 629-30

,

82 S.Ct. 1386, 1388

(1962). Initials of Preparer gga

Reference

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