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The Board of Trustees of the Sheet v. Jose Rodney Vigil

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 18, 2011

THE BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS HEALTH CARE PLAN OF NORTHERN CALIFORNIA, ET AL.,
PLAINTIFFS,
v.
JOSE RODNEY VIGIL, RICT OF CALIFORNIA UNITED STATES DISTRICT COURT DEFENDANT.

ORDER ADOPTING REPORT AND RECOMMENDATION

Magistrate Judge Edward M. Chen has filed a Report and For the Northern Dist Recommendation regarding the Motion for Default Judgment filed by Plaintiff Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California ("Plaintiffs") against Jose Rodney Vigil ("Defendant"). ECF No. 47 ("Rep. & Rec."). Magistrate Judge Chen recommends that this Court grant Plaintiffs' motion and award Plaintiffs $741.39 in liquidated damages, $243.29 in interest, $555 21 in attorneys' fees, and $435 in costs. Id.

Plaintiffs agree to every finding by Magistrate Judge Chen save one -- they argue that Magistrate Judge Chen incorrectly calculated liquidated damages using a rate of ten percent based on his finding that Plaintiffs' proposed twenty percent rate was unsupported by the evidence. ECF No. 50 ("Rep. & Rec. Resp.").

Plaintiffs argue that documents filed in support of their Motion "clearly show the trustees took action to adopt 20% liquidated damages," and they conclude that Magistrate Judge Chen did not consider these supporting documents and ask this Court to grant the Report and Recommendation with an increased liquidated damages award. Id.

it was likely because they were not cited to in either Plaintiffs' 7 original Motion or their re-noticed Motion for Default Judgment.

If Magistrate Judge Chen failed to consider these documents, ECF Nos. 19, 39. A district court's review of a matter referred to a magistrate judge is limited to the record of proceedings before that magistrate judge. Civ. L.R. 72-3(c). However, neither the magistrate judge nor this Court has an obligation to "paw over the files without assistance from the parties," and this Court has discretion to refuse to consider evidence that the offering party fails to cite with sufficient specificity. Orr v. Bank of America, Pac. Nw. Bell Tel. Co., 840 F.2d 1409, 1418 (9th Cir. 1988) (holding that in the context of summary judgment, a court "is not required to comb the record to find some reason to deny a motion").

Recommendation in its entirety. The Court AWARDS Plaintiffs damages in the amount of $1974.68. The damages consist of: $741.39 22 in liquidated damages, $243.29 in interest, $555 in attorneys' 23 fees, and $435 in costs.

IT IS SO ORDERED.

United States District Court For the Northern District of California NT & SA, 285 F.3d 764, 775 (9th Cir. 2002); see also Forsberg v. As such, the Court ADOPTS Magistrate Judge Chen's Report and

UNITED STATES DISTRICT JUDGE

20110318

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