United States District Court, N.D. California
December 26, 2005.
JOSE MORENO as CHAIRMAN and LARRY TOOTEN as CO-CHAIRMAN of the BOARD OF TRUSTEES FOR THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff(s),
AVOCA TRUCING & EXCAVATING INC., a California corporation; and MARTHA O'NEILL, an individual, Defendant(s).
The opinion of the court was delivered by: MARILYN PATEL, District Judge
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This action proceeded before Magistrate Judge Elizabeth D,
Laporte, proof of service on defendants was filed, and default
was entered against defendants who had failed to answer or
otherwise respond. The Magistrate Judge held a hearing on a
motion for default judgment pursuant to Federal Rule of Civil
Procedure 55(b)(2) and filed a report and recommendation on
December 16, 2005, recommending that judgment be entered in favor
of plaintiffs and against defendants, including injunctive
relief, unpaid contributions, liquidated damages, interest,
attorneys' fees and costs.
The report and recommendation was filed on December 16, 2005.
No objections or responses have been filed in accordance with
Federal Rule 72(b) and Civil Local Rule 72-3. The court has
reviewed the report and recommendation, finds that the Magistrate
Judge has fully and fairly tried the issues required to enter
judgment under Rule 55(b)(2), that there has been no timely
objection to the report and recommendation and, therefore, the
report and recommendation is adopted in its entirety and judgment
will be entered accordingly.
IT IS HEREBY ORDERED that the Magistrate Judge's Report and
Recommendation is adopted as follows:
1. Plaintiffs' request for injunctive relief is
2. Plaintiffs shall recover of defendants $10,800 as
and for unpaid contributions and $2,504.00 for
interest thereon through December 26, 2005;
3. Plaintiffs shall recover of defendants the sum of
$2, 504.00 as and for liquidated damages and $750.00
for liquidated damages on late contributions, plus
$1,670 for interest thereon;
4. Plaintiffs shall recover $10,000.00 in attorneys'
fees. Judgment in the amount of $28, 228.00 shall be
Plaintiffs shall submit a form of order and judgment with
respect to the injunctive relief in accordance with the
Magistrate Judge's Report and Recommendation.
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