GS Holistic, LLC v. Ashes Plus Nine

Nature of the Order

The court issued a notice concerning further briefing on GS Holistic, LLC’s motion for default judgment against Ashes Plus Nine and Gaizan N. Alreyahsi. The notice did not decide the motion.

Briefing and Hearing Schedule

Responses or oppositions to the motion were due June 13, 2023. Replies were due June 20, 2023. The court scheduled a hearing for July 18, 2023, at 10:30 a.m. in San Francisco, Courtroom G, before Magistrate Judge Lisa J. Cisneros. Requests for additional time had to follow Civil Local Rule 6-3.

If no response or opposition was filed by the deadline, GS Holistic was directed to file proposed findings of fact and conclusions of law by the reply deadline and email those proposed findings in Microsoft Word format to the court. GS Holistic also had to serve the notice on the other parties and file proof of service.

Instructions for Proposed Findings

The court’s Attachment A instructed GS Holistic to address:

- the requested relief and proposed disposition; - the relevant factual and procedural background; - the legal standard under Federal Rule of Civil Procedure 55(b)(2), which permits entry of default judgment after a defendant’s default; - subject-matter jurisdiction, personal jurisdiction, and service of process for each defendant; - each factor identified in Eitel v. McCool for deciding whether default judgment is appropriate; - the requested damages, attorney’s fees, costs, and any specific judgment amounts.

The attachment stated that, at the default-judgment stage, well-pleaded factual allegations other than those concerning damages are generally treated as admitted, but legal conclusions and unsupported allegations are not. It also stated that a default judgment cannot differ in kind from, or exceed in amount, the relief demanded in the pleadings.

For damages, GS Holistic would need legal authority supporting entitlement to the requested damages and evidence supporting the amount. Any request for attorney’s fees would need supporting records concerning hours, billing rates, prevailing community rates, and the reasonableness of the requested hours. Any request for costs would need supporting evidence and legal authority.

Disposition

Judge Lisa J. Cisneros issued a procedural notice and set briefing and hearing requirements. The opinion does not state that the court granted, denied, or otherwise resolved GS Holistic’s motion for default judgment.