Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Kudsk Construction, Inc. et al

Filing 35

ORDER by Judge Claudia Wilken ADOPTING MAGISTRATE JUDGE'S( 32 , 34 ) REPORT AND RECOMMENDATION RE 22 MOTION FOR DEFAULT JUDGMENT. (ndr, COURT STAFF) (Filed on 10/30/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, 13 14 15 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE MOTION FOR DEFAULT JUDGMENT Plaintiffs, 11 12 No. C 12-00165 CW v. KUDSK CONSTRUCTION, INC., a California corporation; LARRY JAMES KUDSK, an individual, Defendants. ________________________________/ 16 17 The Court has reviewed Magistrate Judge James' Report and 18 Recommendation Re Motion for Default Judgment. 19 objections has passed and none were filed. 20 Report correct, well-reasoned and thorough, and adopts it in every 21 respect. 22 The time for The Court finds the Accordingly, IT IS HEREBY ORDERED that the Motion for Default Judgment is 23 GRANTED. The Clerk shall enter judgment in accordance with the 24 25 Report and Recommendation. Defendants are ordered to submit to an 26 audit of Kudsk Construction’s financial records by Plaintiffs for 27 the period of April 1, 2010 to the present; and the Court retains 28 jurisdiction of the parties and the subject matter to enforce its 1 mandatory injunction and to entertain a motion for a further money 2 judgment, should the audit disclose amounts that may be owed by 3 Defendants. 4 Dated: 10/30/2012 5 6 CLAUDIA WILKEN United States District Judge cc: MagRef; MEJ 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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