Free Motion for Entry of Default - District Court of California - California

Case 3:07-cv-05095-SI

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Filed 12/03/2007

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1 NEELAM CHANDNA (CSB 192972) HIRSCH ADELL (CSB 34208), and 2 J. DAVID SACKMAN (CSB 106703), Members of REICH, ADELL & CVITAN 3 A Professional Law Corporation 3550 Wilshire Blvd., Suite 2000 4 Los Angeles, California 90010 Telephone: (213) 386-3860 5 Facsimile: (213) 386-5583 E-Mail: [email protected]; [email protected] 6 Attorneys for PLAINTIFFS TRUSTEES OF THE BAKERY & CONFECTIONERY 7 WESTERN CONFERENCE DENTAL FUND 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 10 11 TRUSTEES OF THE BAKERY & ] CONFECTIONERY WESTERN CONFERENCE ] 12 DENTAL FUND, ] ] 13 ] Plaintiffs, ] 14 ] ] v. 15 ] ] 16 NELDAM'S DANISH BAKERY, INC. ] ] 17 ] Defendant. ] 18 19 20 21 To the Clerk of the United States District for the Northern 22 District of California. 23 24 Plaintiffs TRUSTEES OF THE BAKERY & CONFECTIONERY WESTERN 25 CONFERENCE DENTAL FUND, request that judgment be entered on the 26 default of defendant, NELDAM'S DANISH BAKERY, INC., a California 27 corporation, entered November 29, 2007, for a sum certain pursuant 28 -1153 289 .1

CASE NO. C07 5095 SI APPLICATION FOR ENTRY OF DEFAULT JUDGMENT BY CLERK; AFFIDAVIT OF NEELAM CHANDNA [Fed.R.Civ.P. 55(b)(1)] [NO HEARING REQUIRED]

Case 3:07-cv-05095-SI

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1 to Fed.R.Civ.P. 55(b)(1). 2 3 4 Date: November 29, 2007 5 6 7 8 9 10 11 12 13 14 15 16 1. [Identification/Capacity] I am an attorney duly I, Neelam Chandna, declare as follows: DECLARATION OF NEELAM CHANDNA IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT BY CLERK By: /s/ NEELAM CHANDNA Attorneys for Plaintiffs REICH, ADELL & CVITAN A Professional Law Corporation Respectfully Submitted,

17 licensed to practice law in the State of California and admitted 18 to practice before the United States District Court for the 19 Northern District of California. I am a member of Reich, Adell &

20 Cvitan, a Professional Law Corporation, attorneys of record for 21 Plaintiffs. The facts stated herein are within my personal

22 knowledge and if called upon to testify I can truthfully and 23 competently do so as to all matters herein. 24 25 26 2. [Service of Summons and Complaint/Entry of Default]

Defendant NELDAM'S DANISH BAKERY, INC. (DEFENDANT), a

27 California corporation, was served by substituted service of the 28 Summons and Complaint pursuant to California Code of Civil -2153 289 .1

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1 Procedure §415.20 and Fed.R.Civ.P. §4(e)(1) on October 16, 2007. 2 Service was effected on DEFENDANT by delivery of said documents to 3 DEFENDANT to the person apparently in charge at DEFENDANT'S office 4 located at 3401 Telegraph Avenue, Oakland, California 94609, with 5 mailing completed on October 23, 2007. 6 entered on November 29, 2007. 7 8 3. [Nonmilitary Status of Defendant] The Soldiers' and Default by the Clerk was

9 Sailors' Civil Relief Act of 1940, 50 App. U.S.C. § 520, is 10 inapplicable to Defendant, NELDAM'S DANISH BAKERY, INC., a 11 corporate entity. 12 13 4. [Infant or Incompetent Person] Defendant NELDAM'S

14 DANISH BAKERY, INC. is a corporate entity and not a natural 15 person. 16 17 5. [Damages Requested] As alleged in paragraphs 5, 6, and Hence, defendant is not an infant or incompetent person.

18 7 of the complaint, and paragraphs (a) through (c) of the prayer 19 for relief, Plaintiffs seek damages, pursuant to contractual 20 provisions in the collective bargaining agreement and written plan 21 provisions, as follows: 22 23 24 25 26 27 6. [Attorney Fees and Costs] As alleged in paragraph (d) a. b. c. Delinquent Contributions $ 5,253.00; Interest on Contributions Liquidated Damages $ 258.89;

$ 1,050.60.

28 of the prayer for relief, plaintiffs request that attorney's fees -3153 289 .1

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1 and costs be added to this Default Judgment by the Clerk. 2 award of attorney's fees and costs is mandated by 3 502(g)(2)(D), 29 U.S.C. § 1132(g)(2)(D). 4 ERISA §

An

After Default Judgment is entered, Plaintiffs shall file a

5 bill of costs and a separate motion for attorney's fees, pursuant 6 to Fed. R. Civ. Proc. 54(d) and Local Rules of Civil Procedure for 7 the Northern District, 54-1 and 54-6. Plaintiffs request that the

8 amounts for the bill of cost and the attorney's fees be added to 9 this Judgment. 10 11 12 follows: 13 14 15 16 17 Delinquent Contributions $ 5,253.00 Interest on Contributions Liquidated Damages SUBTOTAL: $ 258.89 $ 1,050.60 $ 6,562.49 7. [Judgment] Judgment is therefore requested as

As discussed in paragraph 6 above, Plaintiffs request that

18 the amounts for the bill of cost and the attorney's fees be added 19 to this Judgment after such Judgment is entered. 20 21 I declare under penalty of perjury under the laws of the

22 United States of America that the foregoing is true and correct. 23 Executed this 3rd day of December 2007, at Los Angeles,

24 California. 25 26 27 28 /s/ NEELAM CHANDNA Attorneys for Plaintiffs PROOF OF SERVICE -4153 289 .1

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1 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the 5 within action; my business address is 3550 Wilshire Blvd., Suite 2000, Los Angeles, California 90010. 6 On December 3, 2007, I served the foregoing document 7 described as APPLICATION FOR ENTRY OF DEFAULT JUDGMENT BY CLERK; AFFIDAVIT OF NEELAM CHANDNA on the interested parties(s) by 8 placing. 9 the original 10 enclosed in a sealed envelope and addressed as set forth: 11 12 x 13 14 15 16 17 18 19 20 x 21 22 Executed on December 3, 2007, at Los Angeles, California. 23 24 Maria Hoang 25 26 27 28 -5153 289 .1

X

a true copy thereof

(By Mail) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (By Fax) The facsimile machine I used complied with California Rules of Court 2003(3) and no error was reported by the machine. Pursuant to rule 2005(i), I caused the machine to print a transmission record of the transmission. (Federal Court) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.