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Pension Plan for Pension Trust Fund for Operating Engineers v. Construction Materials Testing, Inc., 15-cv-05325-YGR. (2017)

Court: District Court, N.D. California Number: infdco20171117b22 Visitors: 2
Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION GRANTING MOTION FOR DEFAULT JUDGMENT Re: Dkt. Nos. 20, 58, 72 YVONNE GONZALEZ ROGERS , District Judge . The Court has reviewed the Report and Recommendation on plaintiffs' Motion for Default Judgment and Amended Motion for Default Judgment against Construction Materials Testing, Inc. by Magistrate Judge Donna M. Ryu (Dkt. No. 72), to which no party filed an objection. The Report recommends granting the motion at Docket No. 58. The
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION GRANTING MOTION FOR DEFAULT JUDGMENT

Re: Dkt. Nos. 20, 58, 72

The Court has reviewed the Report and Recommendation on plaintiffs' Motion for Default Judgment and Amended Motion for Default Judgment against Construction Materials Testing, Inc. by Magistrate Judge Donna M. Ryu (Dkt. No. 72), to which no party filed an objection. The Report recommends granting the motion at Docket No. 58. The Court finds the Report correct, well-reasoned, and thorough, and adopts it in every respect.

Accordingly, and for the reasons set forth in the Report, plaintiffs' Amended Motion for Default Judgment Against Construction Materials Testing, Inc. (Dkt. No. 58) is GRANTED.

The Court having granted the Amended Motion for Default Judgment, it is ORDERED, ADJUDGED, AND DECREED that:

Judgment is entered in favor of plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers, Richard Piombo, and Russell E. Burns, against defendant Construction Materials Testing, Inc. in the amount of: (1) $2,454,916.00 in withdrawal liability; (2) $638,278.42 in interest from the period of March 1, 2015 through October 5, 2017; (3) an accruing interest at the rate of $672.58 per day from October 6, 2017 until the full withdrawal liability is paid; and (4) liquidated damages equivalent to the total calculated interest amount.

This Order terminates Docket Nos. 20, 58, & 72.

IT IS SO ORDERED.

Source:  Leagle

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