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, 18 782 F.2d 1470, 1471-72 (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