The Board of Trustees, in their Capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Protech Services, Inc.
Filing
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ORDER by Judge Saundra Brown Armstrong ACCEPTING 37 REPORT AND RECOMMENDATION as to 23 Motion for Default Judgment. (ndr, COURT STAFF) (Filed on 1/13/2014)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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THE BOARD OF TRUSTEES, in their
Case No: C 12-1047 SBA
8 capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
9 FOR NORTHERN CALIFORNIA; et al.,
Plaintiffs,
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ORDER ACCEPTING REPORT
AND RECOMMENDATION
Docket 23, 37
vs.
12 PROTECH SERVICES, INC., a California
corporation, individually and doing business
13 as PROTECH GENERAL CONTRACTING
SERVICES,
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Defendant.
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On June 20, 2013, Plaintiffs1 filed a Motion for Default Judgment against Defendant
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Protech Services, Inc. (“Defendant”). Dkt. 23. On November 4, 2013, Magistrate Judge
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Maria-Elena James (“the Magistrate”) issued a Report and Recommendation in which she
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recommends that default judgment be entered against Defendant and that Plaintiffs be
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awarded: (1) unpaid contributions in the amount of $51,654.35; (2) interest and liquidated
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damages on the unpaid contributions in the amount of $37,534.46; (3) attorneys’ fees and
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costs in the amount of $13,503.87; and (4) a mandatory injunction requiring Defendant to
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submit to an audit of its financial records by Plaintiffs for the period July 1, 2009 to the
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The Plaintiffs are: The Board of Trustees, in their capacities as Trustees of the
Laborers Health and Welfare Trust Fund for Northern California; Laborers Vacation27 Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern
California; and Laborers Training and Retraining Trust Fund for Northern California
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present. Dkt. 37. On November 4, 2013, this case was reassigned to the undersigned. Dkt.
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39.
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Any objections to the Magistrate’s Report and Recommendation were required to be
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filed within fourteen days of service thereof. Fed.R.Civ.P. 72(b)(2); 28 U.S.C. §
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636(b)(1)(C). The district court must “make a de novo determination of those portions of
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the report or specified proposed findings or recommendations to which objection is made,”
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and “may accept, reject, or modify, in whole or in part, the findings or recommendations
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made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).
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To date, no objection to the Magistrate’s Report and Recommendation has been
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filed. In the absence of a timely objection, the Court “need only satisfy itself that there is
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no clear error on the face of the record in order to accept the recommendation.”
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Fed.R.Civ.P. 72, Advisory Committee Notes (1983) (citing Campbell v. U.S. Dist. Court,
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501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114,
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1121 (9th Cir. 2003) (“The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district
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judge must review the magistrate judge’s findings and recommendations de novo if [an]
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objection is made, but not otherwise.”) (en banc). The Court has reviewed the record on its
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face and finds no clear error. Accordingly,
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IT IS HEREBY ORDERED THAT the Magistrate’s Report and Recommendation
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(Dkt. 37) is ACCEPTED and shall become the Order of this Court. The Clerk shall close
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the file and terminate any pending matters.
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IT IS SO ORDERED.
Dated:
1/13/2014
_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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