The Board of Trustees et al v. El Camino Paving, Inc.
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT. Signed by Judge Maxine M. Chesney on August 24, 2012. (mmclc1, COURT STAFF) (Filed on 8/24/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
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THE BOARD OF TRUSTEES, et al.,
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Plaintiffs,
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No. C-10-0708 MMC
ORDER ADOPTING REPORT AND
RECOMMENDATION; GRANTING
PLAINTIFFS’ MOTION FOR DEFAULT
JUDGMENT
v.
EL CAMINO PAVING, INC.,
Defendant.
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/
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Before the Court is Magistrate Judge Elizabeth D. Laporte’s “Report and
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Recommendation Re: Plaintiffs’ Motion for Default Judgment,” filed August 1, 2012, by
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which she recommends the Court enter judgment in favor of plaintiffs, awarding plaintiffs
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the total amount of $174,069.03 and ordering defendant to submit to an audit under the
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terms of the parties’ collective bargaining agreement. No objections to the Report and
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Recommendation have been filed.1
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Having read and considered the Report and Recommendation, the Court hereby
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ADOPTS the Report and Recommendation in its entirety, and GRANTS plaintiffs’ motion
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for default judgment as follows:
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1. Plaintiffs shall have judgment against defendant in the total amount of
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Defendant was served with the motion for default judgment and with the Report and
Recommendation.
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$174,069.03, comprising $83,207.56 in unpaid and delinquent contributions, $59,367.17 in
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liquidated damages and interest, and $31,494.30 in attorney’s fees and costs.
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2. Defendant is ordered to submit to an audit by auditors selected by plaintiffs and
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conducted at defendant’s premises during business hours or, if the records are kept
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elsewhere, at such other location at a reasonable time or times, and to allow said auditors
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to examine and copy such books, records, papers, and reports relating to the time period
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beginning January 1, 2009 to the present that are relevant to the enforcement of the
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collective bargaining agreement or Trust Agreements.
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IT IS SO ORDERED.
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Dated: August 24, 2012
MAXINE M. CHESNEY
United States District Judge
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