District Council 16 Northern California Health and Welfare Trust Fund v. Glass
District Council 16 Northern California Health and Welfare Trust Fund v. Combos Glass, Inc.
- James Donato
- 3:23-cv-02301
- U.S. District Court · Northern District of California
- 1
In District Council 16 Northern California Health and Welfare Trust Fund v. Combos Glass, Judge Donato entered default judgment, awarding plaintiffs damages and ordering an audit.
The plaintiffs received a $202,687.56 award, and Combos Glass, Inc. was ordered to undergo an audit and provide the records needed for it.
What happened
District Council 16 Northern California Health and Welfare Trust Fund and other plaintiffs brought an employee-benefits lawsuit against Combos Glass, Inc. Combos Glass did not appear, and the plaintiffs asked for default judgment.
A magistrate judge recommended granting the motion. The report said Combos Glass was required to report employees’ monthly work hours and make benefit contributions under collective bargaining and trust agreements, but often failed to do so. No objections were filed.
Judge James Donato adopted the recommendation after independently reviewing it. The court awarded the plaintiffs $202,687.56 and ordered Combos Glass to undergo an audit covering July 1, 2020, through the present and provide the records needed for that audit.
The detailed version
- District Council 16 Northern California Health and Welfare Trust Fund v. Glass · No. 3:23-cv-02301
- James Donato
- Sept. 4, 2024
Background
This was an action under the Employee Retirement Income Security Act (ERISA). Magistrate Judge Alex G. Tse issued a report recommending that the plaintiffs’ motion for default judgment be granted. Combos Glass, Inc. had not appeared in the case, and no party filed objections before the objection deadline expired.
The report concluded that Combos Glass was required under collective bargaining and trust agreements to report the number of hours its employees worked each month and to make proportionate benefit contributions. The report said the company often failed to make those required contributions.
Ruling
After an independent review, Judge James Donato adopted the report and recommendation. The court granted the plaintiffs’ motion for default judgment under Federal Rule of Civil Procedure 55(b)(2), applying the factors identified in Eitel v. McCool.
The court awarded $202,687.56 in total damages: $156,833.82 in unpaid contributions, $40,485.39 in liquidated damages and interest, and $5,368.35 in attorney’s fees and costs. The court also ordered Combos Glass to submit to an audit for the period from July 1, 2020, through the present and to provide the trustees with the records needed for the audit.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.