Mercoza
Operating Engineers Health And Welfare Trust Fund v. Mercoza
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division OPERATING ENGINEERS HEALTH Case No. 24-cv-03007-LB AND WELFARE TRUST FUND, et al., 12 Plaintiffs, ORDER REASSIGNING CASE; REPORT AND RECCOMENDATION v. TO GRANT DEFAULT JUDGMENT 14 MERCOZA, et al., Re: ECF No. 29 15 Defendants. 16 INTRODUCTION In this ERISA case, the plaintiffs — employee benefit plans and their trustees — sued the defendant employers for liquidated damages, interest, and fees arising from late contributions. They also seek an audit of the defendants’ payroll records. The defendants did not appear, the Clerk of Court entered default against the defendants, and the plaintiffs moved for default judgment. All parties must consent to magistrate-judge jurisdiction before the court can rule on a dispositive motion. Williams v. King, 875 F.3d 500, 503–05 (9th Cir. 2017). Because the defendants have not appeared and consented, the…