Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Perez

Filing 38

ORDER by Judge Jeffrey S. White ADOPTING, AS MODIFIED, 37 Report and Recommendations and GRANTING IN PART AND DENYING IN PART 26 Motion for Default Judgment. (jswlc3, COURT STAFF) (Filed on 12/12/2011)

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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 No. C 10-02002 JSW 11 ORDER ADOPTING, AS MODIFIED, REPORT AND RECOMMENDATION ON PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT Plaintiffs, For the Northern District of California United States District Court 10 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR THE NORTHERN CALIFORNIA, et al., 12 v. 13 ELADIO PEREZ dba E&F Demolition, 14 (Docket Nos. 26, 37) Defendant. 15 / 16 17 This matter comes before the Court upon consideration of the Report and 18 Recommendation (“Report”) prepared by Magistrate Judge Spero (Docket No. 37), in which he 19 recommends that the Court grant in part and deny in part Plaintiffs’ motion for default judgment 20 (Docket No. 26). The deadline for filing objections to the Report has passed, and neither party 21 has filed objections. The Court has considered the Report, relevant legal authority, and the record in this 22 23 case. The Court finds the Report thorough and well reasoned and, with one non-substantive 24 modification, adopts it in every respect.1 Accordingly, the Court grants in part and denies in 25 part Plaintiffs’ motion for default judgment, and Plaintiffs are hereby awarded: 26 27 28 On page 17, Judge Spero includes a quote that refers to the fact that Defendant was obligated to make certain payments as liquidated damages and not as a penalty. (See Report at 17:1-3.) Although the quoted language does not appear in Exhibit H to the Hagan Declaration, there is similar language in Exhibit B to that declaration, and thus the misquote does not alter the Court’s decision that the Report should be adopted. 1 1 1. The unpaid balance of employee fringe benefit contributions reported, but not 2 paid for the period of July and August 2010 in the principal amount of 3 $25,414.64; 4 2. 5 6 Contributions not reported, and not paid, for the period of January through August and November 2008, in the amount of $513.70; 3. The unpaid balance of contributions noted reported, and not paid, based on an 7 audit for the period December 2005 through December 2007, in the amount of 8 $5,514.52; 9 4. a total of $13,929.75, under 29 § 1132(g)(2)(B) and (C); and 11 For the Northern District of California United States District Court 10 The interest and liquidated damages for all delinquent principal contributions for 5. Attorneys’ fees and costs in the amount of $6,661.01. 12 The Court also orders that Defendant Eladio Perez shall be subject to a mandatory 13 injunction that requires him to submit to an audit of its financial records by the Board of 14 Trustees for the period January 2008 to the present. 15 The Court shall retain jurisdiction over the parties and the subject matter for the 16 purposes of enforcing the mandatory injunction and to entertain a motion for a further money 17 judgment, should the audit disclose amounts that may be owed by Defendant to the Trust Funds. 18 The Court reserves the right to refer any such motion for request for enforcement to Judge 19 Spero for purposes of preparing a further report and recommendation. 20 The Court shall issue a separate judgment, and the Clerk shall close the file. 21 IT IS SO ORDERED. 22 23 Dated: December 12, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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