The Board of Trustees, in their Capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Tim Kruse Construction, Inc.

Filing 36

ORDER Adopting Report and Recommendation on Motion for Default Judgment. Signed by Judge JEFFREY S. WHITE on 10/2/13. (jjoS, COURT STAFF) (Filed on 10/2/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 11 For the Northern District of California United States District Court 10 12 THE BOARD OF TRUSTEES in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA 13 14 No. C 12-05322 JSW ORDER ADOPTING REPORT AND RECOMMENDATION ON MOTION FOR DEFAULT JUDGMENT (Docket Nos. 24, 35.) Plaintiff, v. 15 TIM KRUSE CONSTRUCTION, INC., 16 Defendant. 17 / 18 This matter comes before the Court upon consideration of the Report and 19 Recommendation (“Report”) prepared by Chief Magistrate Judge Elizabeth D. Laporte, in 20 which she recommends that the Court grant Plaintiffs’ Motion for Default Judgment. The time 21 for filing objections has passed, and no party has objected to the Report. 22 The Court has considered the Report, the parties’ papers, and the record in this case, and 23 it finds the Report is thorough and well reasoned. Accordingly, the Court ADOPTS it in every 24 respect. The Court GRANTS Plaintiffs’ motion for default judgment, and it enters judgment in 25 favor of Plaintiffs in the amount of $212,287.46, which is comprised of: $165,827.56 in unpaid 26 and delinquent contributions; $36,355.91 in interest and liquidated damages; $9,198.75 in 27 attorneys’ fees, and $905.24 in costs. 28 In addition, it is HEREBY ORDERED that Defendant shall submit to an audit by auditors selected by Plaintiffs at Defendant’s premises, during business hours, or where the 1 records are kept, at a reasonable time or times. The auditors shall be permitted to examine and 2 copy Defendant’s books, records, papers, and reports, including those described in the report 3 and recommendation. 4 IT IS FURTHER ORDERED that Defendant: (1) shall pay all amounts found due and 5 owing as a result of the audit; (2) shall submit to the Trust Funds all reports and contributions 6 due an owing; (3) shall refrain from failing, neglecting, or refusing to timely submit required 7 monthly contributions reports and payments as required by the terms of the collective 8 bargaining agreements, so long as Defendant is obligated to contribute to the Trust Funds; and 9 (4) shall pay interest on any amounts found due in an amount to be determined consistent with 11 For the Northern District of California United States District Court 10 26 U.S.C. section 6621. The Court shall retain jurisdiction over this matter, but it reserves the right to refer any 12 future disputes to Chief Magistrate Judge Laporte for the preparation of a further report and 13 recommendation. 14 The Court shall enter a separate judgment, and the Clerk shall close this file. 15 IT IS SO ORDERED. 16 Dated: October 2, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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