Operating Engineers Health And Welfare Trust Fund For Northern California v. A1 Broom Service, Inc.

Shaamini Babu, Esq. (SBN 230704)

Arcolina Panto, Esq. (SBN 235786)

SALTZMAN & JOHNSON LAW CORPORATION

1141 Harbor Parkway, Suite 100

Alameda, CA 94502

Telephone: (510) 906-4710

Email: [email protected]

Email: [email protected]

Attorneys for Plaintiffs, Operating Engineers’

Health And Welfare Trust Fund for Northern California, et al.

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

OPERATING ENGINEERS’ HEALTH AND Case No. 3:20-cv-05615 VC

W CAE LL IF FA OR RE N T IAR ,U eS t aT l .F , U

ND FOR NORTHERN [PROPOSED] ORDER GRA NTING

MOTION FOR DEFAULT

Plaintiffs, JUDGMENT AS MODIFIED v.

A1 BROOM SERVICE INC., a California

Corporation; and BONDI FORTINI, an Individual,

Defendants.

Defendant A1 Broom Service Inc., a California Corporation, and Defendant Bondi Fortini, an individual (referred to collectively as “Defendants”) having failed to plead or otherwise defend this action, their defaults having been entered.

The E itel fa ctors suppo rt t he e ntry of de faul t judg ment in this case . Eitel v. Mc Cool , 78 2 F.2d 22 1470, 14 71–72 (9th Cir. 1986). “[T ]h e factual a lle gation s o f the compla int, exc ept thos e relat ing to the amount of damages, will be taken as true.” Geddes v. United Financial Group, 559 F.2d 557, 560 (9th Cir. 1977) (per curiam); see Fed. R. Civ. P. 8(b)(6). Those factual allegations, coupled with the exhibits in the record, establish that the defendants have failed to submit the necessary documents for an audit of its payrolls, thereby failing to comply with the requirements of the Bargaining Agreements It is hereby ORDERED that Defendants promptly submit the following documents to Plaintiffs’ auditors to allow for completion of audit of Defendants’ payroll records for the period January 1, 2016 ] through December 31, 2020.

The required documents are as follows: ¢ Individual Earnings Records; ¢ Federal Tax Forms W-2/W-3; ¢ Workers Compensation Reports; ¢ Weekly Payroll Reports for all employees during the audit period; ¢ Cash Disbursements Journals or Check Registers or Bank Statements or Accounts Payable covering transactions made during the audit period; ¢ Any and all other documents requested by the auditors once these documents are received and reviewed.

The plaintiffs’ request for attorneys’ fees is denied without prejudice since the selection the audit was random and since there is currently no evidence supporting the defendants’ \delinquency. See Northwest Administrators, Inc. v. Albertson’s, Inc., 104 F.3d 253, 257 (9th Cir. 1996). The plaintiffs’ request for an order requiring the defendants to pay the delinquent contributions as calculated by the audit is denied without prejudice. The Federal Rules indicate that the Court should retain a role in assessing “the amount of damages.” Fed. R. Civ. P. 55(b)(2). Following the audit, the ||{plaintiffs may return for an award of the “unpaid contributions,” including any “interest on the unpaid \contributions” and “reasonable attorney's fees and costs of the action.” 29 U.S.C. § 1132(g)(2)(A)-(D).

Dated:__March 19, 2021 _ United States District Judge Vince Chhabria

[PROPOSED] JUDGMENT