Board of Trustees of the Kern County Electrical Workers Health & Welfare Trust v. McCaa ( 2021 )

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).