The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 BOARD OF TRUSTEES OF THE KERN No. 1:20-cv-01610-NONE-JLT
COUNTY ELECTRICAL WORKERS
12 HEALTH & WELFARE TRUST, et al., ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
13 Plaintiffs, PLAINTIFFS’ MOTION FOR DEFAULT
JUDGMENT, AND DIRECTING THE
14 v. CLERK OF COURT TO ASSIGN DISTRICT
JUDGE FOR PURPOSE OF CLOSING CASE
15 ALAN BRADY MCCAA, et al., AND THEN ENTER JUDGMENT AND
CLOSE CASE
16 Defendants.
(Doc. No. 29)
17
18
19 Plaintiffs sought default judgment against defendants Alan Brady McCaa, Kinley McCaa,
20 McCaa Electrical Construction, Inc., and McCaa Electrical Consultants. (Doc. No. 28.) The
21 defendants did not oppose the motion. On August 27, 2021, the assigned magistrate judge issued
22 findings and recommendations recommending that the motion for default judgment be granted
23 and provided the parties fourteen days to file any objections thereto. (Doc. No. 29.) In addition,
24 the parties were “advised that failure to file objections within the specified time may waive the
25 right to appeal the District Court’s order.” (Doc. 29 at 11, citing Martinez v. Ylst, 951 F.2d 1153
26 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014).) To date, no objections
27 have been filed and the time period for doing so has expired.
28
1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley
2 | United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo
3 | review of the case. Having carefully reviewed the file, the Court finds the findings and
4 || recommendations are supported by the record and proper analysis.'
5 Accordingly, the Court ORDERS:
6 1. The findings and recommendations dated August 27, 2021 (Doc. No. 29) are
7 ADOPTED with the one caveat noted herein in footnote 1;
8 2. Plaintiffs’ motion for default judgment against defendants Alan Brady McCaa, Kinley
9 McCaa, McCaa Electrical Construction, Inc., and McCaa Electrical Consultants (Doc.
10 No. 28) is GRANTED;
11 3. Plaintiffs are AWARDED damages in the amount of $12,975.67;
12 4, Plaintiffs are AWARDED attorney’s fees in the amount of $17,290.00 and costs and
13 expenses in the amount of $1,112.50; and
14 5. The Clerk of the Court is DIRECTED to assign a district judge to this case for the
15 purpose of closing the case and then to ENTER JUDGMENT and close the case.
16 | IT IS SO ORDERED. □
Dated: _ September 27, 2021 See | ae
18 UNITED STATES DISTRICT JUDGE
19
20
21
22
23
24 | ! The court has carefully examined the components of the recommended default judgment award,
including the $17,290.00 in attorney’s fees. While the undersigned agrees with the magistrate
25 judge that the requested $325.00 hourly rate utilized in the lodestar calculation is reasonable for
26 | the relevant legal market, the undersigned continues to be of the opinion that the relevant legal
market is the entirety of the Eastern District of California, not the “Fresno Division” of this
27 | District and notes that this court is not divided into divisions by local rule or otherwise. See
Freshko Produce Servs., Inc. v. Write on Mktg., Inc., No. 1:18-cv-01703-DAD-BAM, 2019 WL
28 | 5390563, at *2 n.1 (E.D. Cal. Oct. 22, 2019).