Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund et al v. Westech Roofing

Filing 56

ORDER FOR ADDITIONAL MATERIALS IN SUPPORT OF REQUEST FOR ENTRY OF PERMANENT INJUNCTION AND DENYING WITHOUT PREJUDICE WESTECHS REQUEST FOR DISCOVERY. Additional materials due August 15, 2014. Defendant's response due August 31, 2014. Signed by Judge Joseph C. Spero on July 25, 2014. (jcslc1, COURT STAFF) (Filed on 7/25/2014)

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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.
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WESTECH ROOFING,

United States District Court
Northern District of California

Defendant.
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Case No. 12-cv-05655-JCS
ORDER FOR ADDITIONAL
MATERIALS IN SUPPORT OF
REQUEST FOR ENTRY OF
PERMANENT INJUNCTION AND
DENYING WITHOUT PREJUDICE
WESTECH’S REQUEST FOR
DISCOVERY

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Plaintiffs have filed a Request for Entry of a Permanent Injunction (“Request”). In their

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Request, Plaintiffs contend they have suffered irreparable injury as a result of the Defendant’s

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repeated delinquent payments of employee fringe benefits. Request at 2. Specifically, Plaintiffs

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assert that “because of Defendant’s repeated failure to pay benefits to Plaintiffs in a timely

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manner, Plaintiffs, in turn, are not able to provide those benefits to the Union members who have

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earned them in a timely manner.” Id. at 3. However, Plaintiffs have not offered any declarations

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or other evidence to support this assertion. Therefore, the Court requests that Plaintiffs file a

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declaration or other evidence showing that Defendant’s continued delinquent payments have

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prevented them from paying members in a timely manner or otherwise pose an immediate and

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serious risk to the financial stability of the Trust Funds. Additional materials shall be filed by

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August 15, 2014. Defendant may file a response by August 31, 2014.

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The Court notes that Defendant has requested leave to conduct discovery in connection

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with Plaintiffs’ request for entry of a permanent injunction. That request is DENIED without

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prejudice. Defendant has not demonstrated that it is entitled to conduct discovery on a default

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judgment or, as a factual matter, that such discovery is warranted at this time.
IT IS SO ORDERED.

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Dated: July 25, 2014
______________________________________
JOSEPH C. SPERO
United States Magistrate Judge

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United States District Court
Northern District of California

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