United States District Court, N.D. California
October 4, 2005.
LARRY TOTTEN, et al., Plaintiffs,
HAWORTH IRRIGATION, et al., Defendants.
The opinion of the court was delivered by: CLAUDIA WILKEN, District Judge
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE:
PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT
The Court has reviewed Magistrate Judge Edward M. Chen's Report
and Recommendation Re: Plaintiffs' Motion for Default Judgment.
No objections have been received. The Court finds the Report
correct, well-reasoned and thorough. The Court adopts it in every
respect. Accordingly, the Magistrate Judge's Recommendation is
adopted as the Order of the Court and judgment shall enter
Thus, the Court grants Plaintiffs' demand for an injunction
requiring Defendants to submit to an audit of their financial
records. The Court orders Defendants to submit to an audit on two
days written notice from Plaintiffs. Pursuant to the Trust
Agreement, the Court orders Defendants to permit a Trust Fund
Auditor to examine and copy such books, records, papers or
reports as may be necessary to determine whether Defendants are making
full and prompt payment of all sums required to be paid.
Once judgment in this case is entered, however, Plaintiffs will
be barred by the doctrine of res judicata from recovering
additional delinquent payments for the relevant time period that
they may discover they are owed through an audit. See Int'l
Union of Operating Engineers v. Karr, 994 F.2d 1426, 1430 (9th
Cir. 1993). Thus, Plaintiffs shall notify the Court within two
weeks of the date of this order whether they wish judgment to
enter, or to delay entry of judgment so that they may conduct an
audit and seek further contribution if warranted. If Plaintiffs
fail to notify the Court within two weeks, the Court will enter
judgment and close the file.
IT IS SO ORDERED.
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