Bay Area Painters and Tapers Pension Trust Fund and its Joint Board of Trustees et al v. O P & Sons Construction et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATION ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT. Signed by Judge JEFFREY S. WHITE on 6/13/12. (jjoS, COURT STAFF) (Filed on 6/13/2012) Modified on 6/13/2012 (jjoS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,

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No. C 11-02060 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
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ORDER ADOPTING REPORT
AND RECOMMENDATION ON
PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT

O P & SONS CONSTRUCTION, et al.,
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Defendants.
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/

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This matter comes before the Court upon consideration of the Report and

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Recommendation (“Report”) prepared by Magistrate Judge Spero, in which he recommends that

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the Court grant in part and deny in part Plaintiffs’ motion for default judgment. The deadline

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for filing objections to the Report has passed, and neither party has filed objections.

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The Court has considered the Report, relevant legal authority, and the record in this

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case. The Court finds the Report thorough and well reasoned and adopts it in every respect.

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Accordingly, the Court grants in part and denies in part Plaintiffs’ motion for default judgment,

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and Plaintiffs are hereby awarded: (1) $49,249.95 in unpaid contributions, (2) $11,496.98 in

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liquidated damages, (3) $6,196.77 in interest, (4) $1,925 in auditing fees, (5) $7,167.00 in

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attorneys’ fees, and (6) $1,238.75 in costs. The Court further adopts the Report’s

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recommendation that Plaintiffs’ request that the Court retain jurisdiction be denied.

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The Court shall issue a separate judgment, and the Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: June 13, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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