United States District Court, N.D. California
September 16, 2005.
LARRY TOTTEN, et al., Plaintiffs,
REMEDIATION CONSTRUCTORS, INC., d/b/a REMCON, INC., Defendant.
The opinion of the court was delivered by: PHYLLIS HAMILTON, District Judge
ORDER GRANTING SUPPLEMENTAL REQUEST FOR TOTAL JUDGMENT
On May 20, 2005, the court granted plaintiffs' motion for
default judgment, and ordered defendant to pay the amount of
$22,639.43 in unpaid fringe benefits and liquidated damages, and
$4,010.00 in attorneys' fees, plus costs of suit. The court also
directed plaintiffs to submit a supplemental request for judgment
following completion of the audit of defendant's books and
On August 31, 2005, plaintiffs submitted the supplemental
request for total judgment, stating that defendant had not
responded to the request for an audit, and that plaintiffs'
counsel had been unable to reach defendant by telephone.
Plaintiffs requested an additional $2,953.75 in attorneys' fees,
plus costs of suit in the amount of $355.00. The court grants the
request for the additional fees, and grants the request for costs
in part. The request for compensation for $17.00 for electronic
research, and $65.00 for messenger/delivery service is denied, as those are not taxable costs under Civil Local Rule
Accordingly, defendant shall pay to plaintiffs the amount of
$22,639.43 in unpaid fringe benefits and liquidated damages, the
amount of $6,963.75 in attorneys' fees, and $273.00 in costs, for
a total of $29,876.18.
In addition, defendant is ordered to timely submit all required
monthly contribution reports and contributions due and owing to
IT IS SO ORDERED.
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