Free Renotice motion hearing - District Court of California - California

Case 3:07-cv-03207-SI

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Filed 05/21/2008

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (ST. BAR #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: (415) 392-5431 Facsimile: (415) 392-1978 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA FLOOR, et al., Plaintiffs, vs. BEVIL'S FLOOR SERVICE, etc., Defendant. TO DEFENDANT:

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NO. C 07 3207 SI RE NOTICE OF MOTION AND MOTION FOR DEFAULT JUDGMENT AND ATTORNEYS' FEES [F.R.C.P. 55 (b)(2)] Date: July 18, 2008 Time: 9:00 a.m. Courtroom 10, 19th Floor

18 This Motion was previously noticed before Magistrate 19 Judge James Larson for June 18, 2008. 20 that date. 21 Illston. 22 PLEASE TAKE NOTICE that on Friday, July 18, 2008 at 9:00 23 a.m. or soon thereafter as counsel may be heard, before the 24 Honorable Susan Illston, Judge of the United States District Court, 25 Northern District of California, 450 Golden Gate Avenue, Courtroom 26 10, 19th Floor, San Francisco, CA, plaintiffs BOARD OF TRUSTEES OF 27 THE NORTHERN CALIFORNIA FLOOR COVERING INDUSTRY WELFARE FUND; STEVE 28 HAVENS, TRUSTEE, will and do move this court, pursuant to Rule
RE NOTICE OF MOTION & MOTION FOR DEFAULT JUDGMENT & ATTORNEYS' FEES 1

No hearing will be held on

On May 16, 2008 the case was reassigned to Judge Susan

Case 3:07-cv-03207-SI

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55(b)(2) of the Federal Rules of Civil Procedure, to enter a default judgment and award plaintiffs unpaid and owing liquidated damages, interest, court costs and attorneys' fees. This motion is made on the grounds that defendant has failed to appear herein after valid service, the default of

defendant was entered by this Court on December 13, 2007, and there are no triable issues of fact or disputes at law. Defendant has

a contractual obligation to pay contributions to the NORTHERN CALIFORNIA FLOOR COVERING INDUSTRY WELFARE FUND, and has failed to properly pay on behalf of covered employees in a timely manner. This motion is based upon this ReNotice, the Memorandum of Points and Authorities in Support Thereof, Declarations of Rose Cortez and Michael J. Carroll in Support of Motion for Default Judgment and Exhibits previously efiled on May 13, 2008 as Document Numbers 26, 27, 28, and 29 on the Court Docket, and such further oral or documentary evidence as may be presented at the hearing of this motion. DATED: May 21, 2008 ERSKINE & TULLEY A PROFESSIONAL CORPORATION

By: /s/ Michael J. Carroll Michael J. Carroll Attorneys for Plaintiffs

RE NOTICE OF MOTION & MOTION FOR DEFAULT JUDGMENT & ATTORNEYS' FEES

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Case 3:07-cv-03207-SI

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PROOF OF SERVICE BY MAIL I am a citizen of the United States and employed in the City and County of San Francisco, California. I am over the age of eighteen

years and not a party to the within above entitled action; my business address is 220 Montgomery Street, Suite 303, San

Francisco, California 94104.

On May 21, 2008 I served the within

RE NOTICE OF MOTION AND MOTION FOR DEFAULT JUDGMENT AND ATTORNEYS' FEES on the defendant in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box at San

Francisco, California, addressed as follows: Bevil's Floor Service, Inc. Benny W. Bevil CEO 533 Burke Street San Jose, CA 95112 I, DIANE ANDRADE, certify (or declare), under penalty of perjury that the foregoing is true and correct. Executed on May 21, 2008 at San Francisco, California.

/s/ Diane Andrade