The Board of Trustees, in their Capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Protech Services, Inc.

Filing 32

ORDER FOR SUPPLEMENTAL BRIEFING. Signed by Judge Maria-Elena James on 7/29/2013. (mejlc2, COURT STAFF) (Filed on 7/29/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 BOARD OF TRUSTEES, Plaintiffs, 8 v. No. C 12-01047 MEJ ORDER FOR SUPPLEMENTAL BRIEFING 9 PROTECH SERVICES, 10 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 On June 20, 2013, Plaintiffs filed their Motion for Default Judgment against Defendant 14 Protech Services. Dkt. No. 24. Plaintiffs seek default judgment and an award of unpaid employer 15 contributions, liquidated damages, and interest on the outstanding amounts. In support of these 16 amounts, Plaintiffs have submitted a declaration from their Accounts Receivable Manager, Michelle 17 Lauziere. Dkt. No. 25. As Exhibits E and F to her Declaration, Ms. Lauziere has attached Statements 18 of Contributions Due for the periods of January 2007 - June 2009, and March 2010 - August 2011. 19 Id. The Court has reviewed the Statements, and finds that their format does not allow the Court to 20 readily verify the amounts of unpaid contributions by date. Additionally, in her Declaration, Ms. 21 Lauziere states that following an audit for the period of January 2007 - June 2009, Plaintiffs are 22 entitled to $7,722.50 in unpaid contributions and interest and liquidated damages in the amount of 23 $8,500.41. Ms. Lauziere does not explain what portion of the $8,500.41 represents liquidated 24 damages and what portion represents interest and the Court is not able to make this distinction based 25 on the information in the Statement attached as Exhibit F. 26 27 28 1 Accordingly, to enable the Court to verify the amount of unpaid contributions by date, the 2 amount of liquidated damages assessed, and the amount of interest due, Plaintiff is ORDERED to 3 submit a supplemental brief and/or exhibit itemizing their calculations for these figures. 4 IT IS SO ORDERED. 5 6 Dated: July 29, 2013 _______________________________ Maria-Elena James United States Magistrate Judge 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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