Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California v. Garrett Thompson Construction, Inc.

INTRODUCTION

4 (Relief sought and disposition.) 5

I. BACKGROUND

6 (The pertinent factual and procedural background, including citations to the Complaint and 7 record. Plaintiff(s) should be mindful that only facts in the Complaint are taken as true for 8 purposes of default judgment; therefore, Plaintiff(s) should cite to the Complaint whenever 9 possible.) 10

II. LEGAL STANDARD

11 (Include the following standard) 12 Federal Rule of Civil Procedure 55(b)(2) permits a court to enter a final judgment in a case 13 following a defendant’s default. Shanghai Automation Instrument Co. v. Kuei, 194 F. Supp. 2d 14 995, 999 (N.D. Cal. 2001). Whether to enter a judgment lies within the court’s discretion. Id. at 15 999 (citing Draper v. Coombs, 792 F.2d 915, 924-25 (9th Cir. 1986)). 16 Before assessing the merits of a default judgment, a court must confirm that it has subject 17 matter jurisdiction over the case and personal jurisdiction over the parties, as well as ensure the 18 adequacy of service on the defendant. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). If the 19 court finds these elements satisfied, it turns to the following factors (“the Eitel factors”) to 20…