Pension Plan for Pension Trust Fund for Operating Engineers et al v. Construction Materials Testing, Inc.

Filing 76

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Motion for Default Judgment - by the Court,, filed by Richard Piombo, Pension Plan for Pension Trust Fund for Operating Engineers, Russell E. Burns, 58 Motion for Default Judgment - by th e Court,, filed by Richard Piombo, Pension Plan for Pension Trust Fund for Operating Engineers, Russell E. Burns, 72 Order Reassigning Case,, Report and Recommendations; GRANTING MOTION FOR DEFAULT JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 11/16/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/16/2017)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

PENSION PLAN FOR PENSION TRUST FUND
FOR OPERATING ENGINEERS, ET AL.,
Plaintiffs,

8
v.
9
10

CONSTRUCTION MATERIALS TESTING, INC.,
ET AL.,

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
GRANTING MOTION FOR DEFAULT
JUDGMENT
Re: Dkt. Nos. 20, 58, 72

Defendants.

11
United States District Court
Northern District of California

CASE NO. 15-cv-05325-YGR

12

The Court has reviewed the Report and Recommendation on plaintiffs’ Motion for Default

13

Judgment and Amended Motion for Default Judgment against Construction Materials Testing, Inc.

14

by Magistrate Judge Donna M. Ryu (Dkt. No. 72), to which no party filed an objection. The

15

Report recommends granting the motion at Docket No. 58. The Court finds the Report correct,

16

well-reasoned, and thorough, and adopts it in every respect.

17
18

Accordingly, and for the reasons set forth in the Report, plaintiffs’ Amended Motion for
Default Judgment Against Construction Materials Testing, Inc. (Dkt. No. 58) is GRANTED.

19

The Court having granted the Amended Motion for Default Judgment, it is ORDERED,

20

ADJUDGED, AND DECREED that:

21

\\

22

\\

23

\\

24

\\

25

\\

26

\\

27

\\

28

\\

1

Judgment is entered in favor of plaintiffs Pension Plan for Pension Trust Fund for

2

Operating Engineers, Richard Piombo, and Russell E. Burns, against defendant Construction

3

Materials Testing, Inc. in the amount of: (1) $2,454,916.00 in withdrawal liability; (2)

4

$638,278.42 in interest from the period of March 1, 2015 through October 5, 2017; (3) an accruing

5

interest at the rate of $672.58 per day from October 6, 2017 until the full withdrawal liability is

6

paid; and (4) liquidated damages equivalent to the total calculated interest amount.

7

This Order terminates Docket Nos. 20, 58, & 72.

8

IT IS SO ORDERED.

9
10

Dated: November 16, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

United States District Court
Northern District of California

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