Crosthwaite et al v. Aposhian Excavating Company, Inc.

Filing 64

ORDER Adopting 60 Report and Recommendation and Granting 36 Plaintiffs' Motion for Default Judgment. Signed by Judge Thelton E. Henderson on 07/01/14. The Case Management Conference set for 8/11/14 is vacated. (tehlc2, COURT STAFF) (Filed on 7/1/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 F.G. CROSTHWAITE, et al., Plaintiffs, 8 v. 9 10 APOSHIAN EXCAVATING COMPANY, INC., 11 Case No. 13-cv-00363-TEH ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT United States District Court Northern District of California Defendant. 12 13 The Court had previously denied Defendant’s motion to set aside default and 14 referred Plaintiffs’ pending motion for default judgment for a report and recommendation. 15 See Docket No. 53. This matter now comes before the Court following the filing of a 16 report and recommendation by Chief Magistrate Judge Elizabeth D. Laporte on June 3, 17 2014. See Docket No. 60. The report and recommendation was served on counsel for the 18 parties via ECF on the same day. No objections to the report and recommendation have 19 been received, and the period for filing such objections has now expired. See Fed. R. Civ. 20 P. 72(b)(2) (allowing fourteen-day period after service for filing objections). The Court has reviewed the report and recommendation, and the record in this case, 21 22 and it accepts Judge Laporte’s recommendations in their entirety. 1 With good cause 23 1 24 25 26 27 28 Judge Laporte recommended that judgment be granted in the amount of $69,219.11, plus any post-judgment interest that may accrue, as provided by law. See Rep. & Rec. at 11. The Court notes that the Second Supplemental Declaration of Michele Stafford, upon which Judge Laporte relied, contains a calculation error. See Docket No. 58. In paragraph 5, the sum for contributions, liquidated damages, and interest for January 2013 is listed as $2,397.40, when in fact the sum of $1,069.92, $213.98, and $14.61 should be $1298.51. Judge Laporte’s report and recommendation, however, correctly calculates $69,219.11, which is the correct total sum of contributions owed, liquidated damages, interest, attorneys’ fees, and costs, once the correct $1298.51 figure for January 2013 is taken into account. 1 appearing, Plaintiffs’ motion for default judgment is therefore GRANTED against 2 Defendant Aposhian Excavating Company, Inc., in the amount of $69,219.11. The Clerk 3 shall enter judgment and close the file. 4 5 IT IS SO ORDERED. 6 7 8 Dated: 07/01/14 _____________________________________ THELTON E. HENDERSON United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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