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

Filing 18

ORDER - Second Order Re Supplemental Briefing and Evidence. Signed by Judge Edward M. Chen on 2/12/2013. (emcsec, COURT STAFF) (Filed on 2/12/2013)

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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,

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

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Having received an entry of default against Cal Pacific for its failure to appear or otherwise respond

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to the summons and complaint served upon it in this matter, Plaintiffs now move for default

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judgment pursuant to Fed. R. Civ. P. 55(b)(2). See Motion for Default Judgment (Docket No. 14).

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A hearing on Plaintiffs’ motion is scheduled for February 14, 2013, at 1:30 p.m. It is hereby ordered

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that Plaintiffs shall bring the following materials to the hearing:

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(1)

A copy of the trust agreement for the Pipe Trades Apprentice and Journeyman
Training Trust Fund for San Mateo County. Plaintiffs shall denominate the provision

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in the trust agreement setting liquidated damages on delinquent contributions at 10%

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of the amount not timely paid.

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(2)

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Documentation reflecting the receipt of Defendant’s late payment of $3,425 toward
the balance owed for December 2010 fringe benefit contributions.

(3)

A supplemental declaration from a declarant with appropriate firsthand knowledge

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stating that all damages sought in Plaintiffs’ Motion for Default Judgment relate

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solely to Defendant’s non-payment of contributions owed to the three Trust Funds

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that are parties to this action.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: February 12, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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