1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 DISTRICT COUNCIL 16 NORTHERN Case No. 23-cv-02301-JD CALIFORNIA HEALTH AND WELFARE 5 TRUST FUND, et al., we ORDER RE REPORT AND 6 Plaintiffs, RECOMMENDATION 4 v. 8 COMBOS GLASS, INC., 9 Defendant. 10 In this ERISA action, Magistrate Judge Alex G. Tse filed a report recommending that 11 || plaintiffs’ motion for default judgment, Dkt. No. 22, be granted. Dkt. No. 36. Defendant has not 12 || appeared in this action. No objections have been filed in response to the report, and the time to 5 13 || file objections has expired. See Fed. R. Civ. P. 72(b)(2). 14 The report concludes that defendant Combos Glass, Inc. was required to report the number 3 15 || of hours worked by its employees each month and to make proportionate benefit contributions a 16 || under collective bargaining and trust agreements, which it often failed to do. See Dkt. No. 36, at 3 17 1-2. Under Federal Rule of Civil Procedure 55(b)({2) and the factors set forth in Eitel v. McCool, 18

(9th Cir. 1986), default judgment is warranted in favor of plaintiffs. 19 After an independent review, the Court adopts the report and recommendation. Plaintiffs 20 are awarded $202,687.56 in damages, which is comprised of $156,833.82 in unpaid contributions, 21 $40,485.39 in liquidated damages and interest, and $5,368.35 in attorney’s fees and costs. The 22 || Court orders defendant Combos Glass, Inc. to submit to an audit for the period from July 1, 2020, 23 || through the present and to provide the trustees with the records needed for the audit. 24 IT IS SO ORDERED. 25 || Dated: September 4, 2024 26 JAME NATO 27 United tates District Judge 28