Crosthwaite et al v. A & J Pumping Inc

Filing 46

ORDER REQUESTING CLARIFICATION re 25 MOTION for Default Judgment as to A & J Pumping, Inc. and/or A & T Pumping, Inc., a California Corporation filed by F. G. Crosthwaite, Operating Engineers Local 3, Pension Trust Fund for Operating Engineers, Russell E. Burns, Pensioned Operating Engineers' Health and Welfare Fund, Operating Engineers' Health and Welfare Trust Fund. Signed by Judge Maria-Elena James on 11/17/2011. (cdnS, COURT STAFF) (Filed on 11/17/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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F.G. CROSTHWAITE, et al.,

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Plaintiffs,
v.

No. C 10-3040 SBA (MEJ)
ORDER REQUESTING
CLARIFICATION

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A & J PUMPING, INC., et al.,
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/

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Pending before the Court is Plaintiffs’ F.G. Crosthwaite and Russell E. Burns’ Motion for

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Default Judgment. Dkt. No. 25. In their motion, Plaintiffs provide a chart of the liquidated damages

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they seek. Mot. at 2. For the period of August 2009, Plaintiffs list $200.88 in contributions and

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$175.00 in liquidated damages. However, based upon review of Plaintiffs’ motion and supporting

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documentation, it appears that liquidated damages were to be calculated at the greater of $35.00 or

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15% of the amount due for contributions. Hayner Decl. ¶ 4. Thus, for the period of August 2009, it

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seems that Plaintiffs should be claiming either $35.00 in liquidated damages or $30.13, which would

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be 15% of $200.88. Accordingly, the Court ORDERS Plaintiff to file a declaration by November

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18, 2011 at 10:00 a.m. explaining this apparent discrepancy. Plaintiffs shall also explain whether the

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interest calculated for August 2009 is affected. Plaintiffs need not submit a chambers copy of the

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declaration.

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IT IS SO ORDERED.

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Dated: November 17, 2011
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Maria-Elena James
Chief United States Magistrate Judge