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Bricklayers and Allied Craftworkers Local No. 3 Health and Welfare Trust v. Marbella Flooring, Inc.

United States District Court, N.D. California

April 1, 2015

BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL No. 3 HEALTH AND WELFARE TRUST, et al., Plaintiffs,
v.
MARBELLA FLOORING, INC., Defendant.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT; VACATING HEARING

MAXINE M. CHESNEY, District Judge.

Before the Court is plaintiffs' Motion for Default Judgment, filed February 27, 2015. Defendant has not filed a response thereto. Having read and considered the papers filed in support of the motion, the Court deems the matter suitable for decision on plaintiffs' written submissions, VACATES the hearing scheduled for April 10, 2015, and rules as follows:

1. To the extent the motion seeks an award of prejudgment interest in the amount of $703, based on defendant's late payment of contributions owed for the period from November 2013 through January 2014, the motion is hereby GRANTED. (See Compl. ¶¶ 12, 14; Besocke Decl. ¶¶ 6, 11, 12, Ex. A § 69; Stafford Decl. Ex. A at 5.)

2. To the extent the motion seeks an award of liquidated damages in the amount of $5921.92, based on defendant's late payment of contributions owed for the period from November 2013 through January 2014, the motion is hereby GRANTED. (See Compl. ¶¶ 12, 14; Besocke Decl. ¶¶ 6, 11, 12, Ex. A § 68; Stafford Decl. Ex. A at 5.)

3. To the extent the motion seeks an award of unpaid contributions in the amount of $3384.35, based on hours worked by defendant's employees during the months of February 2014 and March 2014, the motion is hereby GRANTED. (See Compl. ¶¶ 12, 14; Besocke Decl. ¶¶ 5, 11, 12, Ex. E §§ 65, 67; Stafford Decl. Ex. A at 5.)

4. To the extent the motion seeks an award of prejudgment interest in the amount of $226.94, based on defendant's failure to pay contributions due for the period from February 2014 through March 2014, the motion is hereby GRANTED. (See Compl. ¶¶ 12, 14; Besocke Decl. ¶¶ 6, 11, 12, Ex. A § 69; Stafford Decl. Ex. A at 5.)

5. To the extent the motion seeks an award of liquidated damages in the amount of $918.92, based on defendant's failure to pay contributions due for the period from February 2014 through March 2014, the motion is hereby GRANTED. (See Comp. ¶¶ 12, 14; Besocke Decl. ¶ ¶ 6, 11, 12, Ex. A § 68; Stafford Decl. Ex. A at 5.)

6. To the extent the motion seeks an award of unpaid contributions, prejudgment interest and liquidated damages, based on an asserted failure by defendant to pay contributions due for the period from November 2014 through January 2015, the motion is hereby DENIED, as the complaint includes no factual allegation that defendant owed contributions for said period of time. See Danning v. Lavine, 572 F.2d 1386, 1388 (9th Cir. 1978) (holding, although "facts alleged [in a complaint] to establish liability are binding upon the defaulting party, " facts "not established by the pleadings... are not binding and cannot support [a default] judgment"). To the extent plaintiffs may be relying on their allegation that they are "entitled to recover any and all other contributions, and all liquidated damages and interest on delinquent contributions... found due on timecards, audits, or otherwise through the time of Judgment" (see Compl. ¶ 15), any such reliance is unavailing, as plaintiffs have failed to offer any evidence to support a finding that they have determined from "timecards, audits, or otherwise" that defendant owes contributions for the period from November 2014 through January 2015.[1]

7. To the extent the motion seeks an award of costs in the amount of $502.30, incurred by plaintiffs in connection with the above-titled action, the motion is hereby GRANTED, the Court having found the amount sought to be reasonable. (See Besocke Decl. Ex. A § 69; Stafford Decl. ¶ 23.)

8. To the extent the motion seeks an award of attorney's fees in the amount of $6600.50, incurred by plaintiffs prior to February 25, 2015 in connection with the above-titled action, the motion is hereby GRANTED, the Court having found the amount sought to be reasonable. (See Besocke Decl. Ex. A § 69; Rutkowski Decl. ¶ 3; Stafford Decl. ¶¶ 12, 17-22.)

9. To the extent the motion seeks an award of attorney's fees for work anticipated to be performed after February 25, 2015, the motion is hereby DENIED, without prejudice to plaintiffs' filing, no later than fourteen days after the entry of judgment, a motion for a supplemental award of fees. See Fed R. Civ. P. 54(d)(2)(B).[2]

CONCLUSION

For the reasons stated above, plaintiffs' motion for default judgment is hereby GRANTED in part and DENIED in part as follows:

1. To the extent the motion seeks unpaid contributions, prejudgment interest and/or liquidated damages, for the period from November 2013 through January 2014 and the period from February 2014 through March 2014, the motion is hereby GRANTED, and plaintiffs are awarded unpaid contributions in the amount of $3384.35, prejudgment interest in the amount of $929.94, and liquidated damages in the amount of $6840.84, together with costs in the amount of $502.30 and attorney's fees in the amount of $6600.50, for a total amount of $18, 257.93.

2. To the extent the motion seeks unpaid contributions, prejudgment interest, and/or liquidated damages, for the period from November 2014 through January 2015, the motion is hereby DENIED.

3. To the extent the motion seeks an award of attorney's fees for work performed after February 25, 2015, if any, the motion is hereby DENIED without prejudice to plaintiffs' filing, no later than fourteen days after entry of judgment, a motion for a supplemental award of attorney's fees.

IT IS SO ORDERED.


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