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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O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SEIU, LOCAL 1877, 12 13 14 v. Petitioner, Case No. 2:12-cv-03196-ODW(JCGx) ORDER GRANTING MOTION FOR DEFAULT JUDGMENT [13] CLEAN RITE JANITORIAL SERVICES, LLC, Respondent. 15 16 17 Before the Court is Petitioner SEIU, Local 1877’s Motion for Default Judgment 18 against Respondent Clean Rite Janitorial Services, LLC. (ECF No. 13.) The Clerk 19 entered default against Clean Rite on July 20, 2012. (ECF No. 12.) Clean Rite did 20 not oppose SEIU’s Motion for Default Judgment. 21 appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 22 7-15. The Court deems this matter 23 Having carefully considered Plaintiff’s motion papers, pleadings, and 24 supporting declarations in light of the seven factors enumerated in Eitel v. McCool, 25 782 F.2d 1470, 1471–72 (9th Cir. 1986), the Court finds sufficient evidence to 26 confirm the Arbitration Decision and Award and the Supplemental Award. The Court 27 therefore GRANTS SEIU’s Motion and hereby CONFIRMS the November 10, 2009 28 Arbitration Decision and Award and April 23, 2011 Supplemental Award, both issued 1 by Arbitrator Louis M. Zigman in favor of SEIU, Local 1877 and against Clean Rite 2 Janitorial Services LLC, for a total award of $409,736.80. 3 SEIU also seeks attorney’s fees and costs as a result of Clean Rite’s bad-faith 4 refusal to abide by the arbitrator’s award. See Int’l Union of Petroleum & Indus 5 Workers v. W. Indus. Maint., Inc., 707 F.2d 425 (9th Cir. 1983). The Court finds 6 sufficient evidence of bad faith to GRANT SEIU’s request. With respect to SEIU’s 7 request for attorneys’ fees, the Court finds that the requested fees are based on 8 reasonable rates and hours expended. See Van Gerwen v. Guarantee Mut. Life Co., 9 214 F.3d 1041, 1045 (9th Cir. 2000). The Court therefore GRANTS SEIU’s request 10 for attorney’s fees in the amount of $5,693.75. The Court likewise GRANTS SEIU’s 11 request for costs incurred in this action, subject to proper proof of SEIU’s costs before 12 the Clerk of Court in an Application to the Clerk to Tax Costs. 13 For the reasons discussed above, SEIU’s Motion for Default Judgment is 14 GRANTED in its entirety. Judgment will be entered against Clean Rite Janitorial 15 Services in a subsequently filed Judgment in the amount of $415,430.55 plus costs, 16 subject to proof. 17 18 IT IS SO ORDERED. 19 20 August 21, 2012 21 22 23 ____________________________________ HON. OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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