Operating Engineers' Health and Welfare Trust Fund for Northern California v. Central Valley Construction

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OPERATING ENGINEERS' HEALTH Case No. 4:17-cv-02365-KAW

AND WELFARE TRUST FUND FOR

NORTHERN CALIFORNIA, et al., ORDER GRANTING MOTION FOR

SANCTIONS

Plaintiffs, Re: Dkt. No. 56 v.

CENTRAL VALLEY CONSTRUCTION,

Defendant.

13 On August 27, 2019, Plaintiffs Operating Engineers’ Health and Wealth Trust Fund, et al. filed a motion for sanctions against Defendant Central Valley Construction for failure to comply with Federal Rule of Civil Procedure 37. On December 5, 2019, the Court held a hearing, and after careful consideration of the parties’ arguments and the applicable legal authority, for the reasons set forth below, GRANTS Plaintiffs’ motion for sanctions. I. BACKGROUND On April 26, 2017, Plaintiffs filed this ERISA action to compel Defendant to comply with an audit of its payroll records for the period from October 29, 2014 through the date of inspection. Defendant retained Counsel David C. Johnston…