Heat and Frost Insulators of Northern California Local Union No. 16 Health and Welfare Trust Fund v. Tri-County Insulation Company, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HEAT AND FROST INSULATORS OF Case No. 20-cv-00913-JSC
NORTHERN CALIFORNIA LOCAL
8 UNION NO. 16 HEALTH AND ORDER TO SHOW CAUSE WELFARE TRUST FUND, et al., RE: MOTION FOR DEFAULT 9 JUDGMENT Plaintiffs, 10 v. Re: Dkt. No. 24 11
TRI-COUNTY INSULATION COMPANY,
12 INC, Defendant. 13 14 Now pending before the Court is Plaintiffs’ motion for a default judgment. (Dkt. No. 24.) 15 Plaintiffs’ requested relief is attorneys’ fees and costs pursuant to 29 U.S.C. § 1132(g)(2)(D). 16 (Dkt. No. 24 at 10.)1 The Ninth Circuit has held that an award under § 1132(g)(2) is “mandatory and not discretionary” where: (1) the employer is “delinquent at the time the action is filed; (2) the 17 district court . . . enter[s] a judgment against the employer; and (3) the plan . . . provide[s] for such 18 an award.” Nw. Adm’rs, Inc. v. Albertson's, Inc., 104 F.3d 253, 257 (9th Cir. 1996) (internal 19 quotation marks and citations omitted). Plaintiffs have not established that the first and…