Operating Engineers Health And Welfare Trust Fund For Northern California et al v. Wimmer Excavating, Inc. et al
Filing
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ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT; VACATING HEARING; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on January 11, 2022. (mmclc1, COURT STAFF) (Filed on 1/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OPERATING ENGINEERS HEALTH
AND WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA, et al.,
Plaintiffs,
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v.
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United States District Court
Northern District of California
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Case No. 19-cv-06840-MMC
ORDER GRANTING PLAINTIFFS'
MOTION FOR DEFAULT JUDGMENT;
VACATING HEARING; DIRECTIONS
TO CLERK
WIMMER EXCAVATING, INC., a
California Corporation; and TERRENCE
WAYNE WIMMER,
Defendants.
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Before the Court is plaintiffs' Motion for Default Judgment, filed December 10,
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2021. Defendant Wimmer Excavating, Inc., although served with a copy of the motion,
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has not filed a response. Having read and considered the papers filed in support of the
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motion, the Court deems the matter appropriate for determination on the moving papers,
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VACATES the hearing scheduled for January 14, 2022, and, for the reasons stated by
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plaintiffs, hereby GRANTS the motion, as follows:
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1. Plaintiffs shall have judgment against defendant Wimmer Excavating, Inc. in the
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total amount of $337,163.81, such amount comprising unpaid contributions in the amount
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of $131,935.31, liquidated damages in the amount of $96,016.57, prejudgment interest in
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the amount of $33,954.11, audit testing fees in the amount of $10,000, reasonable
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attorney's fees in the amount of $57,145, and costs in the amount of $8,111.82.1
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To the extent plaintiffs seek to recover any additional fees or costs (see Mot. at
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Rules of Civil Procedure.
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2. The portion of the judgment representing delinquent contributions shall bear
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post-judgment interest at the rate of ten percent per annum, and, in all other respects, at
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the rate provided pursuant to 28 U.S.C. ยง 1961.
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Lastly, as defendant Terrence Wayne Wimmer has filed for protection under
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Chapter 7 of the United States Bankruptcy Code (see Doc. No. 62), the Court finds "there
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is no just reason for delay" of entry of judgment with respect to plaintiffs' claims against
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Wimmer Excavating, Inc. See Fed. R. Civ. P. 54(b). Accordingly, the Clerk of Court is
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hereby DIRECTED to enter judgment in favor of plaintiffs and against defendant Wimmer
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Excavating, Inc.
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IT IS SO ORDERED.
United States District Court
Northern District of California
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Dated: January 11, 2022
MAXINE M. CHESNEY
United States District Judge
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