Trustees of the U.A. Union Local No. 290 et al v. Boanerges Group, LLC

Filing 19

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 17 . The Court GRANTS Plaintiffs' Motion 12 for Default Judgment to the extent that the Court orders Defendant to pay to Plaintiffs (1) $9,437. 45 in contributions, $1,443.47 in interest, and $1,806.12 in liquidated damages, plus interest through the date of payment as set forth in the relevant Trust Agreements; (2) $3,657.96 in contributions outstanding on Defendant's S ettlement Agreement and Promissory Note; and (3) $2,865 in litigation attorneys' fees and costs. The Court DENIES Plaintiffs' Motion 12 to the extent that the Court declines to order Defendant to pay to Plaintiffs $800 in referral attorneys' fees for the delinquent period of January 2012 through September 2012. The Court DIRECTS Plaintiffs to submit a form of Judgment no later than May 16, 2013. Signed on 05/02/2013 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TRUSTEES OF THE U.A. UNION LOCAL
NO. 290 PLUMBER, STEAMFITTER AND
SHIPFITTER INDUSTRY HEALTH AND
WELFARE TRUST, ET AL.,

3:12-CV-01206-ST
ORDER

Plaintiffs,
v.
BOANERGES GROUP, LLC,
Defendant.

BROWN, Judge.
Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#17) on April 8, 2013, in which she recommends
this Court grant in part and deny in part Plaintiffs' Motion
(#12) for Default Judgment as follows:

"[J]udgment should be

entered against defendant in the amounts requested by

1 - ORDER

plaintiff[s] less $800 in referral attorney fees for the
delinquent period of January 2012 through September 2012 for
which plaintiff[s have] submitted no supporting documentation."
The matter is now before this Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.

United States v. Reyna-

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).

See also

United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and
Recommendation (#17).

Accordingly, the Court GRANTS Plaintiffs'

Motion (#12) for Default Judgment to the extent that the Court
orders Defendant to pay to Plaintiffs:
(1)

$9,437.45 in contributions, $1,443.47 in interest, and
$1,806.12 in liquidated damages, plus interest through
the date of payment as set forth in the relevant Trust
Agreements;

(2)

$3,657.96 in contributions outstanding on Defendant's
Settlement Agreement and Promissory Note; and

2 - ORDER

(3)

$2,865 in litigation attorneys' fees and costs.

The Court DENIES Plaintiffs' Motion (#12) to the extent that
the Court declines to order Defendant to pay to Plaintiffs $800
in referral attorneys' fees for the delinquent period of January
2012 through September 2012.
The Court DIRECTS Plaintiffs to submit a form of Judgment no
later than May 16, 2013.
IT IS SO ORDERED.
DATED this 2nd day of May, 2013.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

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