Operating Engineers Health And Welfare Trust Fund v. Pacific Coast Iron, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 OPERATING ENGINEERS HEALTH Case No. 3:23-cv-05140-JD AND WELFARE TRUST FUND, et al., ° Plaintiffs, ORDER RE REPORT AND y. RECOMMENDATION

PACIFIC COAST IRON, INC., et al., Defendants. ? In this ERISA action, Magistrate Judge Joseph C. Spero filed a report recommending that plaintiffs’ motion for default judgment, Dkt. No. 13, be granted in part and denied in part. Dkt. No. 28. No objections have been filed in response to this report, and the time to file objections has expired. See Fed. R. Civ. P. 72(b). Defendants have failed to appear in this action. The report concludes that defendant Pacific Coast Iron, Inc. was required to make timely fringe benefit contributions to plaintiff funds under collective bargaining and trust agreements, which it did not do. Under Federal Rule of Civil Procedure 55(b)(2) and the factors set forth in Eitel vy. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986), default judgment is…