Free Declaration in Support - District Court of California - California

Case 3:07-cv-05032-MMC

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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 ATTORNEYS FOR PLAINTIFF

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) ) vs. ) ) CLOISTER PRESS, etc., ) ) Defendant. ) ___________________________________________ )

BOARD OF TRUSTEES OF THE PRINTING SPECIALTIES, etc.,

NO. C 07 5032 EDL

DECLARATION OF MICHAEL J. CARROLL IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

I, MICHAEL J. CARROLL, declare: 1. I am one of the attorneys for plaintiff in this action and if called as a witness, I could

competently testify to the following facts: 2. Plaintiffs have incurred costs in the amount of $400.00 in the prosecution of this action. This figure consists of the following items: 1. 2. The filing fee of $350.00; The cost to effect service of the Summons and Complaint and other documents from the initial filing of this case in the amount of $50.00, which I have paid. Attached hereto as Exhibit 4 is the are the invoice for item b. above. 3. This office commenced work on this employer's delinquencyin September 2007 under
DECLARATION OF MICHAEL J. CARROLL IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 1

Case 3:07-cv-05032-MMC

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Filed 05/21/2008

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the delinquency procedures established by the trust funds. 4. This legal action was filed on September 28, 2007. Defendant failed to appear and the default of defendant was entered by this Court on January 11, 2008. The Court's jurisdiction is founded on 29 U.S.C. § 185(a) and 29 U.S.C. 1132. 5. Declarant has expended in excess of 4 hours in the prosecution of this action, including

the preparation of the Motion for Entry of Default with Supporting Declaration, two ExParte Applications to continue the Case Management Conference with Supporting Declarations and Proposed Orders and this motion. Erskine & Tulley's billing rate in this matter is $185.00 per hour for a total of $740.00. 6. Attached to the Herman Declaration and marked Exhibit 2 is the Trust Agreement and Amendment No. 2 of the Printing Specialties and Paper Products Joint Employer and Union Health and Welfare Fund which provides for attorneys fees and court costs in the event of suit. These provisions comply with 29 U.S.C. §1132(g). I declare under penalty of perjury that the foregoing is true and correct. Executed on May 21, 2008 at San Francisco, California. /s/ Michael J. Carroll MICHAEL J. CARROLL

DECLARATION OF MICHAEL J. CARROLL IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 2