Opinion

Board of Trustees of the Kern County Electrical Workers Health & Welfare Trust v. McCaa

Court
District Court, E.D. California
Filed
Sep 27, 2021
Cited by
0 cases
Authority
More cited than 17.7%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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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)

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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.

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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

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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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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