The Board of Trustees, in their capacities as Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Charles B. Harding Construction, Inc.

Filing 28

ORDER (1) Re Supplemental Briefing Re Damages; and (2) Vacating Hearing. Motion Hearing on Default Judgment is re-set for 12/11/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Case Management Conference is re-set for 12/11/2014 01:30 PM. Case Management Statement due by 12/4/2014. Signed by Judge Edward M. Chen on 10/29/2014. (emcsec, COURT STAFF) (Filed on 10/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BOARD OF TRUSTEES, in their
capacities as Trustees of the CEMENT
MASONS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA, et al.,

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Plaintiffs,

For the Northern District of California

United States District Court

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No. C-14-1140 EMC

ORDER (1) RE SUPPLEMENTAL
BRIEFING RE DAMAGES; AND (2)
VACATING HEARING

v.
CHARLES B. HARDING
CONSTRUCTION, INC., A Suspended
California Corporation,
Defendant.
___________________________________/

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Plaintiffs the Board of Trustees are Trustees of the Cement Masons Health and Welfare Trust

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Fund of Northern California, Cement Masons Pension Trust Fund, Vacation/Holiday Trust Fund,

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and Apprenticeship and Training Trust Fund. Plaintiffs filed suit against Defendant Charles B.

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Harding Construction, Inc., a suspended California corporation, asserting claims pursuant to the

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Employee Retirement Income Security Act, 29 U.S.C. § 1132, and the Labor Management Relations

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Act, 29 U.S.C. § 185. After Defendant failed to respond to Plaintiffs’ complaint, default was entered

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against Defendant on July 14, 2014. See Docket No. 20. Plaintiffs thereafter moved for default

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judgment on September 11, 2014. See Docket No. 24.

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The Court has reviewed the Plaintiffs’ moving papers and supporting documentation. “The

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general rule of law is that upon default the factual allegations of the complaint, except those relating

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to the amount of damages, will be taken as true.” Geddes v. United Financial Group, 559 F.2d 557,

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560 (9th Cir. 1977). Federal Rule of Civil Procedure 55 reflects a policy that “even a defaulting

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party is entitled to have its opponent produce some evidence to support an award of damages.” LG

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Electronics, Inc. v. Advance Creative Computer Corp., 212 F. Supp. 2d 1171, 1178 (N.D. Cal.

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2002). Accordingly, a plaintiff seeking default judgment must adequately support its claimed

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damages with evidentiary support. See, e.g., Philip Morris USA, Inc. v. Castworld Products, Inc.,

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219 F.R.D. 494, 498 (C.D. Cal. 2003) (“Plaintiff is required to prove all damages sought in the

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complaint.”).

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In their complaint, Plaintiffs are seeking the following damages: $41,033.05 in unpaid

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contributions, $37,713.92 in liquidated damages, and “actual damages.” Complaint at 5 (Docket No.

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1). In support of their motion for default judgment, Plaintiffs have produced a declaration from
Michelle Lauziere, the Accounts Receivable Manager for the Laborer Finds Administrative Office

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For the Northern District of California

United States District Court

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of Northern California, Inc., which provides administrative services for the Cement Masons Trust

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Funds. See Lauziere Decl. (Docket No. 26). With regards to the requested unpaid contributions,

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Ms. Lauziere simply asserts that an audit revealed that Defendant owed $41,033.05 in unpaid

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contributions. Id. ¶ 12. She cites “Exhibit G” to her declaration, but this exhibit is nothing more

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than a single page “summary of amounts due” that provides no support for the $41,033.05 figure.

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See id., Ex. G. With regard to liquidated damages, Ms. Lauziere explains that liquidated damages

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are assessed at a flat fee of $150.00 per month, along with interest of 1.5% per month on all unpaid

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contributions. See Lauziere Decl. ¶ 13. However, given Plaintiffs’ failure to adequately support the

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unclaimed contributions being sought, the Court cannot determine if the $37,713.92 liquidated

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damages figure is accurate. Accordingly, the record is simply insufficient for the Court to verify the

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amount of damages requested.

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Accordingly, the hearing on Plaintiffs’ motion and the Case Management Conference, both

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currently set for November 4, 2014, are hereby VACATED and reset for Thursday, December 11,

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2014 at 1:30 p.m. The Court hereby ORDERS Plaintiffs to provide supplemental briefing that shall

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explain, and provide sufficient underlying evidentiary support for, Plaintiffs’ calculation of unpaid

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contributions and liquidated damages. This supplemental briefing and evidentiary showing shall be

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filed by Friday, November 7, 2014 at 5:30 p.m. A Joint Case Management Conference statement

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shall be filed by December 4, 2014.

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Plaintiffs shall serve a copy of this order on Defendant within three days of this Order.

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Plaintiffs shall also serve a copy of their supplemental brief and evidentiary showing on Defendant

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at the same time they file this information with the Court.

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IT IS SO ORDERED.

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Dated: October 29, 2014

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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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