Pension Trust Fund For Operating Engineers et al v. Hillsdale Rock Co., Inc. et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND JUDGMENT, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 9/12/11. (lrc, COURT STAFF) (Filed on 9/13/2011)

1
2

UNITED STATES DISTRICT COURT
3

FOR THE NORTHERN DISTRICT OF CALIFORNIA
4

OAKLAND DIVISION
5
6

PENSION TRUST FUND FOR

Case No: C 10-5509 SBA

7 OPERATING ENGINEERS; F.G.

CROSTHWAITE and RUSSELL E. BURNS,

ORDER AND JUDGMENT

8 as Trustees,

Dkt. 30, 44
Plaintiffs,

9
10

vs.

11 HILLSDALE ROCK CO., INC., a California

Corporation; HILLSDALE ROCK CO., a sole
12 proprietorship; HANK MATOZA TRUST,

HENRY J. MATOZA, JR., as an individual,
13 and DOES 1-10,
14

Defendants.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

On June 28, 2011, the Court referred the motion for default judgment, Dkt. 30, of
Plaintiffs Pension Trust Fund for Operating Engineers, and F.G. Crosthwaite and Russell E.
Burns, as Trustees, (“Plaintiffs”) to the Magistrate Judge for a report and recommendation,
Dkt. 37. On August 22, 2011, the Magistrate Judge issued her report and recommendation.
Dkt. 44. The time for objections to the report and recommendation has passed and no
objections have been filed. Although no objections have been filed, this Court reviews the
Magistrate Judge’s legal conclusions de novo. See Lorin Corp. v. Goto & Co., Ltd., 700 F.2d
1202, 1206 (9th Cir. 1983). Upon such review, the Court finds no error in the Magistrate
Judge’s report and recommendation. Accordingly,
IT IS HEREBY ORDERED THAT the Magistrate Judge’s report and recommendation
(Docket 44) is ACCEPTED and shall become the Order of this Court. Judgment shall be
entered in favor of Plaintiffs Pension Trust Fund for Operating Engineers, and F.G.
Crosthwaite and Russell E. Burns, as Trustees, and against Defendant Hillsdale Rock

1

Company, Inc. in the amount of $990,103 in assessed withdrawal liability; $117,726.84 in

2

interest from June 1, 2010 to the date of the August 9, 2011 hearing on Plaintiffs’ motion for

3

default judgment; $271.26 in daily interest from August 9, 2011 to the date of the entry of

4

Judgment; $198,020.60 in liquidated damages; $6,657.50 in attorney’s fees; and $1,042.25 in

5

costs. Post-judgment interest at the legal rate on the entire Judgment to the date of satisfaction

6

is ordered pursuant to 28 U.S.C. § 1961. This Order terminates Docket 30, 35, 44.

7

IT IS SO ORDERED.

8
9

Dated: September 12, 2011

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-