Fajardo

Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund v. Fajardo

Good Law
United States District Court, Northern District of CaliforniaJune 19, 20203:19-cv-06586California1,118 words

Opinion

trial_court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE BAY Case No. 19-cv-06586-VC

AREA ROOFERS HEALTH & WELFARE

TRUST FUND, et al.,

ORDER GRANTING MOTION FOR

Plaintiffs, DEFAULT JUDGMENT v. Re: Dkt. No. 22

GEORGE FAJARDO, et al., Defendants.

A group of employee benefit plans filed this lawsuit alleging that George Fajardo and his roofing business, American Eagle Environmental Co., are delinquent as to contributions required by certain collective bargaining agreements and trust agreements. Complaint ¶¶ 2, 15, 20, 22, Dkt. No. 1. The plaintiffs bring claims under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1145, and the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. According to the complaint, ERISA authorizes an injunction ordering Fajardo to submit to an audit. ¶ 37. The complaint also requests attorney’s fees and costs. ¶ 31. Since being served on October 28, 2019, neither Fajardo nor American Eagle have appeared in this action. See Dkt. Nos. 12, 13. The Clerk entered default against both defendants on November 27, 2019, see Dkt. No. 15, and the plaintiffs filed a…

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