District Council 16 Northern California Health and Welfare Trust Fund v. Shugart Glass of Texas, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DISTRICT COUNCIL 16 NORTHERN Case No. 20-cv-05656-KAW

CALIFORNIA HEALTH AND WELFARE

8 TRUST FUND, et al.,

ORDER GRANTING MOTION TO SET

9 Plaintiffs, ASIDE ENTRY OF DEFAULT;

DENYING MOTION FOR DEFAULT

10 v. JUDGMENT AS MOOT

11 SHUGART GLASS OF TEXAS, INC., Re: Dkt. Nos. 18, 25

12 Defendant.

13 14 On August 13, 2020, Plaintiffs filed the instant case against Defendant Shugart Glass of 15 Texas, Inc., alleging that Defendant failed to comply with an audit of its payroll records and pay 16 contributions for hours worked by its employees, as required by the Bargaining and Trust 17 Agreements and the Employee Retirement Insurance Security Act (“ERISA”). (Compl. ¶¶ 12-14.) 18 After Defendant failed to answer, default was entered on November 23, 2020. (Dkt. No. 12.) 19 Plaintiffs now move for default judgment, while Defendant moves to set aside entry of 20 default. (Pl.’s Mot. for Default J., Dkt. No. 18; Def.’s Mot. to Set Aside, Dkt. No. 25.) The…