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Bay Area Painters and Tapers Pension Trust Fund, et al v. Nehemiah Elijah Brown

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


February 6, 2013

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL.,
PLAINTIFFS,
v.
NEHEMIAH ELIJAH BROWN, JR., INDIVIDUALLY AND DBA
PRECISION DRYWALL CO., DEFENDANT.

REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING ON PLAINTIFFS' 14 MOTION FOR DEFAULT JUDGMENT and REQUEST TO VACATE HEARING 15 THEREON; [PROPOSED] ORDER THEREON 16

Date: February 11, 2013 17

Time: 10:00 a.m. 18 Location: Courtroom 2, 17th Floor 450 Golden Gate Ave. San Francisco, CA 94102 Judge: The Honorable Thelton E. Henderson

I, Michele R. Stafford, declare: 22

1. I am an attorney at law licensed to practice in the State of California, and am a 23 shareholder of Saltzman and Johnson Law Corporation, attorneys for Plaintiffs herein. 24

2. I submit this declaration in support of Plaintiffs' pending Motion for Default 25 Judgment filed on January 7, 2013. I am requesting that default judgment be entered by the Court 26 without the necessity of a hearing, and that the hearing presently set for February 11, 2013 at 27 10:00 a.m. before the Honorable Thelton E. Henderson be vacated.

4. The Notice of Motion and Motion for Default Judgment were served upon 2

Defendant on January 7, 2013. Defendant's time for filing any Opposition to the Motion for 3

Default Judgment has passed, and Defendant have failed to oppose or otherwise contest this 4 request for default judgment. 5

5. Defendant Brown has a history of ignoring the legal process, of not appearing at 6 hearings, and of failing to make payment on Judgments, as evidenced in Case Numbers C04-4390 7

WHA and C06-7509 WHA. The current action is against a new entity, but with the same principal. 8

Mr. Brown has behaved to date, exactly as he did in prior matters. It is questionable at best as to 9 whether we will be able to collect. 10

6. In the interest of conserving costs as well as the Court's time and resources, 11

Plaintiffs respectfully request that the Court enter default judgment without the necessity of a 12 hearing, and that the currently scheduled February 11, 2013 hearing be vacated. As attorneys' fees 13 and costs are "out of pocket," Plaintiffs are attempting to keep fees (and thus the Trust Funds' 14 loss) at a minimum. Entering Judgment without the necessity of a hearing will keep the fees and 15 costs at a minimum, particularly in light of the fact that collection is uncertain. 16

20130206

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