U.A. Local No. 467 Pension Trust Fund et al v. Hydra Ventures Incorporated

Filing 16

ORDER Re Supplemental Briefing and Evidence. Signed by Judge Edward M. Chen on 1/28/2013. (emcsec, COURT STAFF) (Filed on 1/28/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 U.A. LOCAL NO. 467 PENSION TRUST FUND, et al., No. C-12-3746 EMC 9 Plaintiffs, ORDER RE SUPPLEMENTAL BRIEFING AND EVIDENCE v. 11 For the Northern District of California United States District Court 10 HYDRA VENTURES INCORPORATED, 12 13 Defendant. ___________________________________/ 14 15 16 Plaintiffs U.A. Local No. 467 Pension Trust Fund, U.A. Local No. 467 Health and Welfare 17 Trust Fund, Pipe Trades Apprentice and Journeyman Training Trust Fund for San Mateo County, 18 and Mike Swanson, trustee and fiduciary of the above trust funds, have filed an action to collect 19 unpaid contributions due to certain multi-employer benefit plans from Defendant Hydra Ventures, 20 Inc., dba Cal Pacific Plumbing Systems (“Cal Pacific”), under the civil enforcement provisions of 21 the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. §§ 141, et. seq., and the 22 Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001, et. seq. See 23 Complaint (Docket No. 1) ¶¶ 1, 3, 4, 6. Having received an entry of default against Cal Pacific for 24 its failure to appear or otherwise respond to the summons and complaint served upon it in this 25 matter, see Entry of Default (Docket No. 9), Plaintiffs now move for default judgement pursuant to 26 Fed. R. Civ. P. 55(b)(2), see Motion for Default Judgement (Docket No. 14). Rule 55(b)(2) 27 authorizes the Court to “conduct an accounting, . . . determine the amount of damages, . . . establish 28 1 the truth of any allegation by evidence,” or “ investigate any other matter” prior to entering a default 2 judgment. 3 It is hereby ordered that Plaintiffs shall submit to the Court: 4 (1) 5 6 a supplemental briefing substantiating Defendant’s liability under the Collective Bargaining Agreement and related documents for unpaid contributions, (2) a supplemental declaration from a declarant with appropriate firsthand knowledge, 7 along with exhibits (such as e.g. relevant audit results or other financial records), 8 substantiating and explaining Plaintiffs’ calculation of actual damages, liquidated 9 damages, and interest due to the Trust Funds, and 11 For the Northern District of California United States District Court 10 (3) authenticated copies of the Collective Bargaining Agreement, the Trust Agreements, and the parties’ settlement agreement. 12 Plaintiffs shall submit these materials to the Court no later than February 4, 2013. The hearing on 13 Plaintiffs’ Motion for Default Judgment scheduled for January 31, 2013, is rescheduled to February 14 14, 2013, at 1:30 p.m. 15 16 IT IS SO ORDERED. 17 18 Dated: January 28, 2013 19 _________________________ EDWARD M. CHEN United States District Judge 20 21 22 23 24 25 26 27 28 2

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