Russell E. Burns et al v. Backhoe Dispatch 24/7, Inc. et al

Filing 31

ORDER by Judge Thelton E. Henderson granting in part 22 Motion for Default Judgment; terminating 30 Motion to Decide Motion Without Hearing. (tehlc1, COURT STAFF) (Filed on 4/14/2015)

1

The Court recognizes that the above amount is less than the amount requested in

2

Plaintiffs’ motion. See Mot. at 2 (Docket No. 22). However, all of the monthly

3

contribution amounts requested in the motion, except for the contributions from August,

4

2013, are estimates from a formula based on the reported hours from past months, rather

5

than contributions based on employee hours recorded during that month. Id. at 4. As a

6

result, the vast majority of Plaintiffs’ requested relief is derived from months for which the

7

number of employee hours is unknown, and could even be zero. Plaintiffs have failed to

8

prove up the damages requested. See Truong Giang Corp. v. Twinstar Tea Corp., No. 06-

9

cv-3594-JSW, 2007 WL 1545173, at *12, *14 (N.D. Cal. May 29, 2007). As ordered
below, however, Plaintiffs are entitled to an audit of Defendants’ records, and may submit

11
United States District Court
Northern District of California

10

further proof of damages in the future.

12

It is further ORDERED that interest shall continue to accrue at a rate of 10% per

13

annum on unpaid contributions ($1,347.90) from March 11, 2015, until paid, and at post

14

judgment interest rates on the balance of the judgment ($5,246.41).

15

It is further ORDERED that Defendants comply with an audit of their records, if

16

requested by Plaintiffs. Plaintiffs may submit the results of such an audit, along with other

17

declarations, in support of a future motion to amend the judgment.

18

The Clerk shall enter judgment and close the file. However, the Court will retain

19

jurisdiction over this matter so that Plaintiffs may, if appropriate, file a motion to amend

20

the judgment following the audit.

21
22
23

IT IS SO ORDERED.

24
25
26

Dated: 04/14/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

27
28

2