SEIU Local 1877 v. Clean Rite Janitorial Services LLC

Filing 16

ORDER by Judge Otis D Wright, II: granting 13 plaintiffs Motion for Default Judgment against defendant Clean Rite Janitorial Services. (lc) Modified on 8/21/2012 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SEIU, LOCAL 1877,

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v.

Petitioner,

Case No. 2:12-cv-03196-ODW(JCGx)
ORDER GRANTING MOTION FOR
DEFAULT JUDGMENT [13]

CLEAN RITE JANITORIAL SERVICES,
LLC,
Respondent.

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Before the Court is Petitioner SEIU, Local 1877’s Motion for Default Judgment

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against Respondent Clean Rite Janitorial Services, LLC. (ECF No. 13.) The Clerk

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entered default against Clean Rite on July 20, 2012. (ECF No. 12.) Clean Rite did

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not oppose SEIU’s Motion for Default Judgment.

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appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R.

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7-15.

The Court deems this matter

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Having carefully considered Plaintiff’s motion papers, pleadings, and

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supporting declarations in light of the seven factors enumerated in Eitel v. McCool,

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782 F.2d 1470, 1471–72 (9th Cir. 1986), the Court finds sufficient evidence to

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confirm the Arbitration Decision and Award and the Supplemental Award. The Court

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therefore GRANTS SEIU’s Motion and hereby CONFIRMS the November 10, 2009

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Arbitration Decision and Award and April 23, 2011 Supplemental Award, both issued

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by Arbitrator Louis M. Zigman in favor of SEIU, Local 1877 and against Clean Rite

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Janitorial Services LLC, for a total award of $409,736.80.

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SEIU also seeks attorney’s fees and costs as a result of Clean Rite’s bad-faith

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refusal to abide by the arbitrator’s award. See Int’l Union of Petroleum & Indus

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Workers v. W. Indus. Maint., Inc., 707 F.2d 425 (9th Cir. 1983). The Court finds

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sufficient evidence of bad faith to GRANT SEIU’s request. With respect to SEIU’s

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request for attorneys’ fees, the Court finds that the requested fees are based on

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reasonable rates and hours expended. See Van Gerwen v. Guarantee Mut. Life Co.,

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214 F.3d 1041, 1045 (9th Cir. 2000). The Court therefore GRANTS SEIU’s request

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for attorney’s fees in the amount of $5,693.75. The Court likewise GRANTS SEIU’s

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request for costs incurred in this action, subject to proper proof of SEIU’s costs before

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the Clerk of Court in an Application to the Clerk to Tax Costs.

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For the reasons discussed above, SEIU’s Motion for Default Judgment is

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GRANTED in its entirety. Judgment will be entered against Clean Rite Janitorial

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Services in a subsequently filed Judgment in the amount of $415,430.55 plus costs,

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subject to proof.

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IT IS SO ORDERED.

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August 21, 2012

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____________________________________
HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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