United States District Court, N.D. California
ORDER REGARDING MOTION FOR DEFAULT JUDGMENT Re: Dkt.,
14
KANDIS
A. WESTMORE JUDGE
Plaintiff
has filed a Motion for Default Judgment. (Dkt. No. 14.)
Plaintiff shall file a proposed order on or before August 5,
2016. The submission shall be structured as outlined in
Attachment A below and include all relevant legal authority
and analysis necessary to establish the case. Plaintiff shall
also email the proposed order in Microsoft Word (.docx)
format to kawpo@cand.uscourts.gov. No chambers
copies of the proposed findings need to be submitted.
Plaintiff
is ordered to serve this notice upon all other parties in
this action.
IT IS
SO ORDERED.
ATTACHMENT
A
INTRODUCTION
(Relief
sought and disposition.)
BACKGROUND
(The
pertinent factual and procedural background, including
citations to the Complaint and record. Plaintiff(s) should be
mindful that only facts in the Complaint are taken as true
for purposes of default judgment; therefore, Plaintiff(s)
should cite to the Complaint whenever possible.)
DISCUSSION
A.
Jurisdiction and Service of Process
(Include
the following standard)
In
considering whether to enter default judgment, a district
court must first determine whether it has jurisdiction over
the subject matter and the parties to the case. In re
Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (“When
entry of judgment is sought against a party who has failed to
plead or otherwise defend, a district court has an
affirmative duty to look into its jurisdiction over both the
subject matter and the parties.”).
1.
Subject ...