The Board of Trustees, in their capacities as Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. KMA Concrete Construction Co.

Filing 20

ORDER by Judge Samuel Conti granting 11 Motion for Default Judgment; adopting Report and Recommendations as to 17 Report and Recommendations. (sclc1, COURT STAFF) (Filed on 9/8/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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THE BOARD OF TRUSTEES, in their
capacity as Trustees of the CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA,
CEMENT MASONS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA, CEMENT
MASONS VACATION/HOLIDAY TRUST FUND
FOR NORTHERN CALIFORNIA, CEMENT
MASONS APPRENTICESHIP AND TRAINING
TRUST FUND FOR NORTHERN
CALIFORNIA,

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Plaintiffs,
v.
KMA CONCRETE CONSTRUCTION CO.,

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Defendant.

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Case No. C 10-05831 SC
ORDER ADOPTING REPORT AND
RECOMMENDATION AND ENTERING
DEFAULT JUDGMENT

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Magistrate Judge Laurel Beeler has issued a Report and

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Recommendation in which she recommends this Court grant the Motion

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for Default Judgment filed by Plaintiffs The Board of Trustees, in

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their capacities as Trustees of the Cement Masons Health and

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Welfare Trust Fund for Northern California, Cement Masons Pension

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Trust Fund for Northern California, Cement Masons Vacation/Holiday

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Trust Fund for Northern California, Cement Masons Apprenticeship

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and Training Trust Fund for Northern California ("Plaintiffs")

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against KMA Concrete Construction Co. ("Defendant") and enter

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judgment in favor of Plaintiffs.

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been filed.

ECF No. 17.

No objections have

Having reviewed the Report and Recommendation, the

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Court finds it to be correct, well-reasoned, and thorough, and

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therefore ADOPTS it in every respect.

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Motion for Default Judgment against Defendant is GRANTED; Defendant

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is ORDERED to pay Plaintiffs $80,014.42 in delinquent

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contributions, $4,350 in liquidated damages, $25,954.78 in

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interest, $816.25 in costs, and $9,478.75 in attorneys' fees.

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Accordingly, Plaintiffs'

FURTHER, as requested by Plaintiffs and in accordance with the

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parties' Master Agreement, Defendant is ORDERED to submit to an

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audit of its payroll records for the period of January 1, 2007 to

United States District Court

For the Northern District of California

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the present, at the direction of Plaintiffs, so that Plaintiffs may

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determine the accurate amounts of any additional delinquency.

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the initial audit of the payroll records does not provide enough

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information to determine whether or not an additional delinquency

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exists, then Defendant must submit to a further audit, at the

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direction of Plaintiffs, of whatever records or accounts exist in

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order to determine the amount of the delinquency.

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of the audit, Plaintiffs may file another submission detailing the

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additional damages (apart from the amount granted in this Order),

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if any, that Plaintiffs have deemed appropriate to be assessed

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against Defendant for the period of January 1, 2007 to the present.

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The Court will then determine if the requested relief is

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appropriate.

Upon completion

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IT IS SO ORDERED.

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Dated:

September 8, 2011
UNITED STATES DISTRICT JUDGE

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If