Operating Engineers' Health and Welfare Trust Fund for Northern California v. Central Valley Construction
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OPERATING ENGINEERS' HEALTH Case No. 4:17-cv-02365-KAW
AND WELFARE TRUST FUND FOR
8 NORTHERN CALIFORNIA, et al., ORDER GRANTING MOTION FOR
SANCTIONS
9 Plaintiffs, Re: Dkt. No. 56 10 v.
11 CENTRAL VALLEY CONSTRUCTION,
12 Defendant.
13 14 On August 27, 2019, Plaintiffs Operating Engineers’ Health and Wealth Trust Fund, et al. 15 filed a motion for sanctions against Defendant Central Valley Construction for failure to comply 16 with Federal Rule of Civil Procedure 37. 17 On December 5, 2019, the Court held a hearing, and after careful consideration of the 18 parties’ arguments and the applicable legal authority, for the reasons set forth below, GRANTS 19 Plaintiffs’ motion for sanctions. 20 I. BACKGROUND 21 On April 26, 2017, Plaintiffs filed this ERISA action to compel Defendant to comply with 22 an audit of its payroll records for the period from October 29, 2014 through the date of inspection. 23 Defendant retained Counsel David C. Johnston…