Pipe Trades District Council #36 Pension Trust Fund et al v. Marsh et al
Filing
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ORDER ADOPTING 41 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING 30 THE MOTION FOR DEFAULT JUDGMENT. Signed by Judge Beth Labson Freeman on 5/30/2017. (blflc2S, COURT STAFF) (Filed on 5/30/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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PIPE TRADES DISTRICT COUNCIL #36
PENSION TRUST FUND, et al.,
Plaintiffs,
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v.
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GARY MARSH,
Defendant.
Case No. 16-cv-05263-BLF
ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
RECOMMENDATION AND
GRANTING THE MOTION FOR
DEFAULT JUDGMENT
[Re: ECF 41]
United States District Court
Northern District of California
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On September 13, 2016, Plaintiffs Pipe Trades District Council #36 Pension Trust Fund,
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Pipe Trades District Council #36 Health and Welfare Trust Fund, Pipe Trades District Council #36
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Journeyman and Apprenticeship Training Trust Fund, Central California Pipe Trades Industry
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Labor-Management Cooperation Committee Trust Fund, and Mechanical Contractor Council of
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Central California and International Training Fund filed the above-titled action alleging three
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causes of action against Defendants Gary Alan Marsh dba Marsh Industrial Refrigeration
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(“Marsh”), Suretec Indemnity Company (“SIC”), and Old Republic Surety Company (“ORSC”).
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Compl., ECF 1. Plaintiffs assert three causes of action: breach of contract (failure to pay fringe
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benefit contributions), accounting, and a claim on contractor’s license bond. Id. Plaintiffs settled
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with Defendants SIC and ORSC, and bring the instant motion for default judgment against
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Defendant Marsh alone.
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Now before the Court is Magistrate Judge Lloyd’s Report and Recommendation (“R&R”)
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that the Court grant the Plaintiff’s motion for default judgment on the breach of contract (failure to
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pay fringe benefit contributions) cause of action. Because courts in this jurisdiction routinely
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construe breach of contract claims involving ERISA enforcement to be brought under 29 U.S.C.
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§§ 1002(14), 1132(a), 1145, this Court has jurisdiction over this seemingly state law claim. See,
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e.g., Bd. of Trs. v. Pac. Coast Markings, Inc., No. C 14-2979 PJH, 2015 WL 1884781 (N.D. Cal.
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Apr. 17, 2015); Bd. of Trs. v. KMA Concrete Constr. Co., No. C-10-05774 JCS, 2011 WL
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7446345, at *1 (N.D. Cal. Dec. 20, 2011), adopted by No. C 10-5774 SBA, 2012 WL 688510
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(N.D. Cal. Mar. 2, 2012).
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The time for objecting to the R&R has elapsed, and no objections were filed. Fed. R. Civ.
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P. 72(b)(2). Having read and considered Judge Lloyd’s R&R, the Court finds it correct, well
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reasoned, and thorough, and adopts it in every respect. Accordingly, the above-titled motion for
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default judgment is GRANTED.
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IT IS SO ORDERED.
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United States District Court
Northern District of California
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Dated: May 30, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge
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