Nelson v. Garcia
- Joan Ericksen
- 0:18-cv-01584
- U.S. District Court · District of Minnesota
- 3
In Nelson v. Garcia, Judge Ericksen granted in part a default-judgment motion and entered $17,781.43 against defendants.
The plaintiffs received a judgment for $17,781.43. Salomon Garcia and Valley Drywall, Inc. faced that judgment, while the plaintiffs’ requested legal fees and costs were reduced by $1,397.50.
What happened
In Nelson v. Garcia, the plaintiffs asked for a default judgment against Salomon Garcia and Valley Drywall, Inc. A magistrate judge recommended awarding $19,178.93, and the defendants did not object.
Judge Ericksen reduced the requested legal fees and costs because $1,397.50 was spent correcting inconsistencies in the plaintiffs’ own filings. The court found those fees unreasonable and awarded $2,839.00 in legal fees and costs.
Judge Joan N. Ericksen adopted the recommendation in all other respects, granted the second motion for default judgment in part, and ordered judgment for $17,781.43 against the defendants and in favor of the plaintiffs.
The detailed version
- Nelson v. Garcia · No. 0:18-cv-01584
- Joan Ericksen
- Apr. 8, 2019
Background
The plaintiffs are trustees, funds, and organizations identified in the caption. They sought a default judgment against Salomon Garcia, individually and doing business as Valley Drywall, and Valley Drywall, Inc. The plaintiffs sought unpaid contributions, liquidated damages, legal fees, and costs.
On March 5, 2019, United States Magistrate Judge Steven E. Rau issued a Report and Recommendation recommending that the court grant the plaintiffs’ Second Motion for Entry of Default Judgment and award $19,178.93. The defendants did not object within the permitted time. The district court conducted a new review of the record.
Fee reduction
The plaintiffs requested $4,236.50 in legal fees and costs. Under the Employee Retirement Income Security Act, commonly called ERISA, a court awarding a default judgment for contributions owed under a collective bargaining agreement must award reasonable attorney’s fees and costs.
The court declined to award the full amount requested. It determined that $1,397.50 of the request resulted from correcting inconsistencies in the plaintiffs’ complaint and motion papers. Because those fees were caused by defects in the plaintiffs’ own filings, the court found them unreasonable. The court therefore awarded $2,839.00 in legal fees and costs.
Ruling
The court adopted the recommended disposition in all other respects. It granted the plaintiffs’ Second Motion for Entry of Default Judgment in part and ordered that judgment be entered against the defendants and in favor of the plaintiffs for $17,781.43 in unpaid contributions, liquidated damages, and legal costs. This amount was $1,397.50 less than the amount recommended in the Report and Recommendation.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.