Board of Trustees of the Laborers Health and Welfare Trust Fund For Northern California et al v. Tear-N-It Up Demolition, Inc. et al

Northern District of California, cand-4:2015-cv-01215

ORDER ADOPTING {{34}} Report and Recommendation; AND GRANTING {{19}} Motion for Default Judgment. Plaintiff awarded $57,519.88, in damages, interest and attorneys' fees and costs. Signed by Judge Jeffrey S. White, on 11/10/15. Modified on 11/12/2015 Modified on 11/19/2015

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 BOARD OF TRUSTEES OF THE LABORERS No. C 15-01215 JSW HEALTH AND WELFARE TRUST FUND 10 FOR NORTHERN CALIFORNIA, ET AL., 11 Plaintiffs, United States District Court ORDER ADOPTING REPORT AND v. For the Northern District of California 12 RECOMMENDATION AND GRANTING TEAR-N-IT UP DEMOLITION, INC. and MOTION FOR DEFAULT JUDGMENT 13 GUADALUPE MANUEL CERVANTES, 14 Defendants. 15 / 16 17 This matter comes before the Court upon consideration of Magistrate Judge Joseph C. 18 Spero's Report and Recommendation (the "Report"), in which he recommends that this Court grant 19 the motion for default judgment filed by Board of Trustees of the Laborers Health and Welfare Trust 20 Fund for Northern California, Laborers Vacation-Holiday Trust Fund for Northern California, 21 Laborers Pension Trust Fund for Northern California, and Laborers Training and Retraining Fund 22 for Northern California ("Plaintiffs") against Defendant Tear-N-It Up Demolition, Inc. ("Defendant 23 TUD") and Guadalupe Manuel Cervantes on their claims for unpaid employee benefit contributions. 24 No objections were filed. 25 Having considered the Report, Plaintiff's papers, the relevant legal authority, and the record 26 in this case, the Court finds the Report thorough and well-reasoned and adopts it in every respect. 27 Accordingly, Plaintiffs' motion for default judgment is GRANTED as to Defendant TUD but 28 DENIED as moot as to Defendant Cervantes. 1 Plaintiffs are HEREBY AWARDED (1) $40,483.44 for unpaid contributions, interest on 2 those unpaid contributions, and liquidated damages; (2) $8,493.44 for contributions paid, but paid 3 late, and interest on those late contributions; and (3) $8,543.00 for attorneys' fees and costs. 4 The Court further enters an injunction ordering Defendant TUD to submit to an audit of its 5 records for the period March 2011 through the last completed quarter as outlined in the Report. The 6 Court shall retain jurisdiction over this action. 7 Plaintiffs shall serve a copy of this Order within three business days and shall file a proof of 8 service with the Court. 9 IT IS SO ORDERED. 10 Dated: November 10, 2015 JEFFREY S. WHITE 11 UNITED STATES DISTRICT JUDGE United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2