Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund et al v. Westech Roofing
Filing
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ORDER RE BRIEFING ON AMENDED MOTION FOR DEFAULT JUDGMENT. Signed by Judge Joseph C. Spero on February 25, 2014. (jcslc1, COURT STAFF) (Filed on 2/25/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BOARD OF TRUSTEES OF THE BAY
AREA ROOFERS HEALTH & WELFARE
TRUST FUND, et al.,
Plaintiffs,
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v.
Case No. 12-cv-05655-JCS
ORDER RE BRIEFING ON AMENDED
MOTION FOR DEFAULT JUDGMENT
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WESTECH ROOFING,
United States District Court
Northern District of California
Defendant.
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Plaintiffs have filed an Amended Motion for Default Judgment (“Motion”), which is
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currently set for hearing on March 21, 2014 at 9:30 a.m. Defendant has filed a response stating
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that it would like the Court to conduct a prove-up hearing and that Defendant will be prepared to
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respond to the Court’s questions at the hearing. Defendant also states that it does not understand
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Plaintiffs’ accounting but offers no details in support of that statement. Finally, Defendant asks
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the Court to require that the parties meet and confer about the amounts due.
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In light of the history of this case, and Westech’s history of non-compliance with its
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ERISA obligations generally (see Docket No. 40), the Court will not require that the parties meet
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and confer about the amounts due. Further, while Westech is entitled to challenge the amounts
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requested by Plaintiffs on the Motion, it is required to set forth those challenges in its Opposition
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brief with sufficient detail to allow Plaintiffs to offer a meaningful response. The Court will not
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consider arguments at the March 21, 2014 hearing that have not been raised in the parties’ briefs.
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As Westech has offered no meaningful response to Plaintiffs’ Motion, the Court will permit it to
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file an additional opposition brief specifically identifying any challenges it wishes to assert to the
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amounts requested in the Motion. That brief shall be filed no later than Friday, February 28,
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2014. Plaintiffs may file a response to Defendant’s brief, if any, no later than Friday, March 7,
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2014. No further briefing will be accepted without the Court’s leave based on good cause. Nor
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will the Court grant any further requests to postpone the hearing on Plaintiffs’ Motion.
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IT IS SO ORDERED.
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Dated: February 25, 2014
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______________________________________
JOSEPH C. SPERO
United States Magistrate Judge
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United States District Court
Northern District of California
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