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)

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