Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund et al v. North Bay Waterproofing, Inc.

Filing 38

ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION; GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT. Signed by Judge Maxine M. Chesney on September 27, 2013. (mmclc1, COURT STAFF) (Filed on 9/27/2013)

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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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BOARD OF TRUSTEES OF THE BAY
AREA ROOFERS HEALTH & WELFARE
TRUST FUND, et al.,

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ORDER ADOPTING MAGISTRATE
JUDGE’S RECOMMENDATION;
GRANTING IN PART AND DENYING IN
PART PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT

Plaintiffs,

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No. C-12-2374 MMC

v.
NORTH BAY WATERPROOFING, INC.,
Defendant.

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Before the Court is the Referral for Reassignment and Recommendation to Grant in

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Part and Deny in Part Motion for Default Judgment (“Recommendation”), filed by

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Magistrate Judge Nathanael M. Cousins on August 20, 2013. All parties were served with

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the Recommendation, and no party has filed any objection thereto.

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Accordingly, the Court having read and considered plaintiffs’ motion for default

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judgment and the Recommendation, the Recommendation is hereby ADOPTED, and the

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motion for default judgment is hereby GRANTED in part and DENIED in part as follows:

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1. To the extent the motion seeks judgment in plaintiffs’ favor on their claim for

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enforcement of the Working Agreement Between Local No. 40 of the United Union of

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Roofers, Waterproofers and Allied Workers, AFL-CIO and Associated Roofing Contractors

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of the Bay Area Counties, Inc., the motion is GRANTED, and defendant shall, within

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twenty-one days of the date of this order, allow plaintiffs’ auditors to examine during

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business hours defendant’s time books and payroll records, covering the period beginning

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April 1, 2011 to the date of this order, for employees covered by the Local 40 collective

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bargaining agreement.

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2. To the extent the motion seeks a judgment requiring defendant to comply with

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any obligations it may have under the Working Agreement Between Local No. 81 of the

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United Union of Roofers, Waterproofers and Allied Workers, AFL-CIO and Associated

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Roofing Contractors of the Bay Area Counties, Inc., the motion is DENIED, without

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prejudice to plaintiffs’ seeking such relief in a separate action.

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3. The Court will retain jurisdiction over the above-titled action for purposes of

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enforcing the judgment and amending the judgment to include, following the audit, any

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sums determined by the Court to be due and owing.

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IT IS SO ORDERED.

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Dated: September 27, 2013
MAXINE M. CHESNEY
United States District Judge

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