Valverde

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DISTRICT COUNCIL 16 NORTHERN Case No. 22-cv-04207-VC

CALIFORNIA HEALTH AND WELFARE

TRUST FUND, et al.,

ORDER GRANTING MOTION FOR

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

BRYAN J. VALVERDE,

Defendant.

The motion for default judgment is granted. The plaintiffs, several employee benefit plans and their fiduciaries and trustees, allege that Bryan Valverde failed to make contributions to their plans and to submit to an audit, as required by their collective bargaining and trust agreements. Valverde was properly served on December 19, 2022, Dkt. No. 16, but he has failed to appear. The clerk entered default, and the plaintiffs have now moved for default judgment. The motion raises three issues. First, should default judgment should be entered under the Eitel standard? Second, can the plaintiffs recover damages incurred after the complaint was filed? And third, is it appropriate to issue an injunction requiring Valverde to comply with an audit while also awarding estimated contributions? I The first question is straightforward. In deciding whether to enter default…