F.G. Crosthwaite et al v. LML Enterprises, Inc et al

Filing 33

ORDER by Judge Edward M. Chen Adopting Report and Recommendation Re Plaintiffs' Motion for Default Judgment. (emcsec, COURT STAFF) (Filed on 10/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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F.G. CROSTHWAITE, et al.,

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Plaintiffs,

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v.

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For the Northern District of California

United States District Court

No. C-13-0740 EMC

LML ENTERPRISES, INC., et al.,

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Defendants.
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ORDER ADOPTING REPORT AND
RECOMMENDATION RE PLAINTIFFS’
MOTION FOR DEFAULT JUDGMENT
(Docket Nos. 13, 21, 29)

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Plaintiffs have moved for a default judgment. The Court has reviewed Magistrate Judge

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Corley’s report and recommendation. No party has submitted an objection to the report and

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recommendation. The Court finds the report and recommendation correct, well reasoned, and

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thorough, and adopts it in every respect. The Court notes that, while “[a] default judgment must not

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differ in kind from, or exceed in amount, what is demanded in the pleadings,” Fed. R. Civ. P. 54(c),

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Plaintiffs’ prayer for relief adequately put Defendants on notice of damages for unpaid contributions

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through the time of judgment.

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Accordingly, the Court hereby GRANTS the motion for default judgment and awards

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Plaintiffs the following against Defendant LML Enterprises, Inc. only:

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(1)

$77,220.93 in unpaid contributions, liquidated damages, and interest;

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(2)

$4,082.50 in attorney’s fees; and

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(3)

$752.50 in costs.

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The Court declines to retain jurisdiction over the case as Plaintiffs have not requested an audit.

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The Clerk of the Court shall enter judgment in accordance with this order and close the file
in this case.
This order disposes of Docket Nos. 13, 21 and 29.

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IT IS SO ORDERED.

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Dated: October 22, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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