Opinion
No. C 10-03589 CRB.
October 25, 2011
ORDER REQUIRING SUPPLEMENTAL FILING
Plaintiffs have moved for default judgment. See dkt. 35. Their request for relief includes $940.10 in liquidated damages for late contributions to employee benefit plans, $11,597.00 in attorneys' fees, $780.00 in attorneys' fees in connection with their Motion for Default Judgment, and $1,170 in costs. Plaintiffs have not submitted evidence to support their requests for these items. "[U]pon default the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).
Accordingly, Plaintiffs are ordered to submit to the Court by Friday, October 28, 2011 evidence supporting their requests for the above-listed items. See Fed.R.Civ.P. 55(b)(2) ("If, in order to enable the court to enter [default] judgment . . . it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may . . . order such references as it deems necessary and proper.").