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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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U.A. LOCAL NO. 467 PENSION TRUST
FUND, et al.,

No. C-12-3746 EMC

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Plaintiffs,

ORDER RE SUPPLEMENTAL
BRIEFING AND EVIDENCE

v.
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For the Northern District of California

United States District Court

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HYDRA VENTURES INCORPORATED,
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Defendant.
___________________________________/

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Plaintiffs U.A. Local No. 467 Pension Trust Fund, U.A. Local No. 467 Health and Welfare

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Trust Fund, Pipe Trades Apprentice and Journeyman Training Trust Fund for San Mateo County,

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and Mike Swanson, trustee and fiduciary of the above trust funds, have filed an action to collect

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unpaid contributions due to certain multi-employer benefit plans from Defendant Hydra Ventures,

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Inc., dba Cal Pacific Plumbing Systems (“Cal Pacific”), under the civil enforcement provisions of

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the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. §§ 141, et. seq., and the

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Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001, et. seq. See

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Complaint (Docket No. 1) ¶¶ 1, 3, 4, 6. Having received an entry of default against Cal Pacific for

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its failure to appear or otherwise respond to the summons and complaint served upon it in this

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matter, see Entry of Default (Docket No. 9), Plaintiffs now move for default judgement pursuant to

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Fed. R. Civ. P. 55(b)(2), see Motion for Default Judgement (Docket No. 14). Rule 55(b)(2)

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authorizes the Court to “conduct an accounting, . . . determine the amount of damages, . . . establish

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the truth of any allegation by evidence,” or “ investigate any other matter” prior to entering a default

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judgment.

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It is hereby ordered that Plaintiffs shall submit to the Court:

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(1)

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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,

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along with exhibits (such as e.g. relevant audit results or other financial records),

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substantiating and explaining Plaintiffs’ calculation of actual damages, liquidated

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damages, and interest due to the Trust Funds, and

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For the Northern District of California

United States District Court

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(3)

authenticated copies of the Collective Bargaining Agreement, the Trust Agreements,
and the parties’ settlement agreement.

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Plaintiffs shall submit these materials to the Court no later than February 4, 2013. The hearing on

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Plaintiffs’ Motion for Default Judgment scheduled for January 31, 2013, is rescheduled to February

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14, 2013, at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: January 28, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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