District Council 16 Northern California Health and Welfare Trust Fund et al v. Pete Chacon Construction, Inc. et al

Filing 26

ORDER GRANTING 19 MOTION FOR ENTRY OF DEFAULT JUDGMENT by Hon. William H. Orrick. The May 3, 2017 hearing is VACATED. (jmdS, COURT STAFF) (Filed on 5/1/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST FUND, et al., Plaintiffs, 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 v. Case No. 16-cv-06730-WHO ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT Re: Dkt. No. 19 PETE CHACON CONSTRUCTION, INC., et al., Defendants. Plaintiffs’ motion for entry of default judgment is now before the Court. This matter is appropriate for resolution without oral argument under Civil Local Rule 7-1(b), and the May 3, 2017 hearing is VACATED. Defendant, Pete Chacon Construction, Inc. was timely served with notice of the motion for entry of default judgment and has not appeared to contest or respond to the motion. Having considered the pleadings and the declarations submitted, and GOOD CAUSE APPEARING: Plaintiffs’ Motion for Default Judgment against defendant Pete Chacon Construction, Inc. is GRANTED and Judgment is entered against defendant as follows: 21 22 23 24 25 26 27 28 AUDIT (09/01/12-8/31/15): Contribution Underpayments 20% Liquidated Damages 5% Interest (through 3/31/16) Audit Fees Subtotal: Additional 5% Interest on Audit Contributions (4/1/16 through 3/22/17) Attorneys’ Fees (7/28/15 – 3/23/17) Costs (7/28/15 – 3/23/17) TOTAL DUE: $221,155.63 $44,231.13 $25,997.51 $1,776.00 $293,160.27 $21,570.04 $14,427.50 $1,049.64 $330,207.45 1 It is further ORDERED that interest shall continue to accrue at a rate of 5% per annum on 2 unpaid contributions ($221,155.63) from March 23, 2017, until paid, and at post judgment interest 3 rates on the balance of the judgment. 4 5 IT IS SO ORDERED. Dated: May 1, 2017 6 7 William H. Orrick United States District Judge 8 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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