District Council 16 Northern California Journeyman and Apprentice Training Trust Fund et al v. Lineation Markings Corporation et al

Filing 40

Order by Hon. Thelton E. Henderson granting in part and denying in part 29 Motion for Default Judgment. The Clerk shall enter judgment and close the file. The Court retains jurisdiction over the matter so that Plaintiffs may, if appropriate, file a motion to amend the judgment following the audit. (tehlc1, COURT STAFF) (Filed on 5/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA JOURNEYMAN AND
APPRENTICE TRAINING TRUST
FUND, et al.,

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Plaintiffs,
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v.

Case No. 15-cv-01823-TEH
ORDER GRANTING IN PART
PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT

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LINEATION MARKINGS
CORPORATION, et al.,

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Defendants.

United States District Court
Northern District of California

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Defendants LINEATION MARKINGS CORPORATION, a California Corporation

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and LUKE MIDDLETON, an individual (collectively “Defendants”), having failed to

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plead or otherwise defend in this action and their default having been entered:
It is hereby ORDERED, ADJUDGED AND DECREED that Plaintiffs’ motion for

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default judgment is GRANTED IN PART. Defendants shall promptly pay to Plaintiffs the

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sums for contributions, liquidated damages and interest on unpaid and late-paid

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contributions, and attorneys’ fees and costs, under the terms of the Bargaining Agreements

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and Trust Agreements, as amended and referenced therein, as follows:

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Work Month

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March 2014
July 2014
August 2014
September 2014

Unpaid
Contributions
$100.00 2
$1,246.39
$1,257.12
$0.00 3

Liquidated
Damages 1
$150.00
$249.28
$251.43
$329.07

5% Interest
(thru 01/05/16)
$9.35
$83.64
$78.54
$2.30

Subtotals
$259.35
$1,579.31
$1,587.09
$331.37

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Liquidated damages are the greater of $150.00 or 20% of the unpaid contributions.
See Collection Procedures, Ex. B to Jackson Decl. (Docket No. 32)
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Defendant reported $153.58 as contributions due for March 2014 and made a late
partial payment of $53.58 on March 16, 2015. Jackson Decl. at 5 n.3

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06-cv-7509-WHA, 2007 WL 1302982, at *3 (N.D. Cal. May 3, 2007). Plaintiffs may

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submit the results of the audit, along with other declarations, in support of a future motion

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to amend the judgment.6

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

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

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the judgment following the audit.

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IT IS SO ORDERED.

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Dated: 05/11/16

United States District Court
Northern District of California

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_____________________________________
THELTON E. HENDERSON
United States District Judge

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Plaintiffs may also submit additional declarations to the Court in support of
additional attorneys’ fees and costs incurred in connection with a future motion to amend
the judgment, if applicable.
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