Northwest Administrators, Inc. v. National Express Transit Services Corp., No. 2:2019cv00744 - Document 25 (E.D. Cal. 2019)
Court Description: ORDER signed by Senior Judge William B. Shubb on 9/12/2019 ADOPTING 24 Findings and Recommendations in full and GRANTING 14 Motion to Compel, heard in open court on 8/14/2019, and construed as a motion for partial default judgment. Within 15 d ays of the date of the District Court's order, defendant National Express Transit Service Corporation is ORDERED to make available to plaintiff's Trust Fund's authorized representatives the following documents: All tax documents listed on the contract and confirmation letter, Complete employee roster that includes the route-type for each driver, Payroll for all employees for 10/01/2013 to 6/30/2019, and Job descriptions for each iteration of the Driver and Mechanic position. (Huang, H)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 NORTHWEST ADMINISTRATORS, INC., Plaintiff, 13 ORDER v. 14 15 No. 2:19-cv-0744 WBS AC NATIONAL EXPRESS TRANSIT SERVICES CORPORATION, 16 Defendant. 17 The matter was referred to a United States Magistrate Judge pursuant to Local Rule 18 19 302(c)(19). On August 23, 2019, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. ECF No. 24. 23 Objections to the findings and recommendations have not been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 23, 2019 are adopted in full; 3 2. Plaintiff’s July 15, 2019 motion to compel compliance to an audit (ECF No. 14), heard 4 in open court on August 14, 2019, and construed as a motion for partial default judgment, 5 is GRANTED; 6 3. Within 15 days of the date of the District Court’s order, defendant National Express 7 Transit Service Corporation, through its officers, agents, employee, and attorneys, are 8 ordered to make available to plaintiff’s Trust Fund’s authorized representatives the 9 following documents: 10 a. All tax documents listed on the contract and confirmation letter: 11 i. State Employer Security Reports 12 ii. State Industrial Insurance Reports 13 iii. Quarterly FICA and Federal Income Tax Reports (941/941A) 14 iv. Annual Federal Unemployment Reports (FUTA 940); 15 b. Complete employee roster that includes the route-type for each driver; 16 c. Payroll for all employees for 10/01/2013 to 6/30/2019; and 17 d. Job descriptions for each iteration of the Driver and Mechanic position 18 (Teamsters, ATUs, None’s, Trainees and any others that do driving or 19 mechanic work). 20 Dated: September 12, 2019 21 22 23 24 25 26 Nort0744.806 27 28 2
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