This case was last updated from U.S. District Courts on 07/24/2020 at 19:24:15 (UTC).

Gauthier et al v. Vitro Electric LLC

Case Summary

On 02/10/2020 Gauthier filed a Labor - Employee Benefit lawsuit against Vitro Electric LLC. This case was filed in U.S. District Courts, Oregon District. The Judge overseeing this case is Youlee Yim You. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-00222

  • Filing Date:

    02/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Employee Benefit

Judge Details

Presiding Judge

Youlee Yim You

 

Party Details

Plaintiffs

Timothy J Gauthier

Garth Bachman

Timothy J. Gauthier

Defendant

Vitro Electric LLC

Attorney/Law Firm Details

Plaintiff Attorney

Linda J. Larkin

Attorney at Bennett Hartman Morris & Kaplan LLP

210 Sw Morrison Street, Suite 500

Portland, OR 97204

 

Court Documents

#16

(#16) Findings & Recommendations: Plaintiffs' Motion for Default Judgment (ECF #9 ) should be GRANTED IN PART as follows: Claim One (December 2019 Contributions): Unpaid contributions of $42,962.34, liquidated damages of $8,592.47, and interest of $818.83. Claim Two (November 2019 Contributions): Liquidated damages of $8,363.00, and interest of $252.72. Claim Three (Breach of Contract): Wage withholding for December 2019 of $6,033.77, interest on the December 2019 wage withholding of $114.06, and interest on late November 2019 wage withholding of $39.34. Attorney's Fees: $2,940. Costs: $465. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Tuesday, June 16, 2020. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 6/02/2020 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 06/02/2020)

#14

(#14) Supplemental Exhibits No. 7 re Motion for Default Judgment #9 . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 05/27/2020)

#12

(#12) Proposed Form of Order Submitted . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 04/08/2020)

#11

(#11) Declaration of Lee Centrone . Filed by All Plaintiffs. (Related document(s): Motion for default judgment #9 .) (Larkin, Linda) (Entered: 04/08/2020)

#10

(#10) Declaration of Linda J. Larkin . Filed by All Plaintiffs. (Related document(s): Motion for default judgment #9 .) (Larkin, Linda) (Entered: 04/08/2020)

#9

(#9) Motion for Default Judgment . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 04/08/2020)

#7

(#7) Declaration of Linda J. Larkin . Filed by All Plaintiffs. (Related document(s): Motion for default #6 .) (Larkin, Linda) (Entered: 03/17/2020)

#6

(#6) Motion for Entry of Default . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 03/17/2020)

#5

(#5) Notice re Affidavit of Service #4 , Complaint, #1 , Discovery order, #2 Office Service Filed by All Plaintiffs. (Related document(s): Affidavit of Service #4 , Complaint, #1 , Discovery order, #2 .) (Larkin, Linda) (Entered: 02/25/2020)

#4

(#4) Affidavit of Service of Summons Issued #3 upon All Defendants Filed by All Plaintiffs. (Larkin, Linda) (Entered: 02/24/2020)

#3

(#3) Summons Issued Electronically as to Vitro Electric LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 02/11/2020)

#2

(#2) Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/10/2020. Joint Alternate Dispute Resolution Report is due by 7/10/2020. Ordered by Magistrate Judge Youlee Yim You. (joha) (Entered: 02/11/2020)

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

(#1) Complaint. ERISA Filing fee in the amount of $400 collected. Agency Tracking ID: BORDC-6251868 Jury Trial Requested: No. Filed by Timothy J Gauthier, Garth Bachman against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Larkin, Linda) (Entered: 02/10/2020)

4 More Documents Available

 

Docket Entries

  • 06/02/2020
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  • Docket(#17) ORDER: referring Findings & Recommendations #16 and Motion for Default Judgment #9 , to Judge Michael W. Mosman for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 06/02/2020)

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  • 06/02/2020
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  • Docket(#16) Findings & Recommendations: Plaintiffs' Motion for Default Judgment (ECF #9 ) should be GRANTED IN PART as follows: Claim One (December 2019 Contributions): Unpaid contributions of $42,962.34, liquidated damages of $8,592.47, and interest of $818.83. Claim Two (November 2019 Contributions): Liquidated damages of $8,363.00, and interest of $252.72. Claim Three (Breach of Contract): Wage withholding for December 2019 of $6,033.77, interest on the December 2019 wage withholding of $114.06, and interest on late November 2019 wage withholding of $39.34. Attorney's Fees: $2,940. Costs: $465. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Tuesday, June 16, 2020. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 6/02/2020 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 06/02/2020)

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  • 05/27/2020
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  • Docket(#15) MINUTES of Proceedings: Telephonic Motion Hearing held on 5/27/2020 regarding motion for default judgment #9 . Plaintiffs to file supplemental briefing. Linda Larkin present as counsel for plaintiffs. Court Reporter: Ryan White. Magistrate Judge Youlee Yim You presiding. (pvh) (Entered: 06/01/2020)

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  • 05/27/2020
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  • Docket(#14) Supplemental Exhibits No. 7 re Motion for Default Judgment #9 . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 05/27/2020)

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  • 05/19/2020
  • Docket(#13) Scheduling Order: SETTING a Telephonic Hearing for Wednesday, 5/27/2020 at 09:00AM before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/19/2020)

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  • 04/08/2020
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  • Docket(#12) Proposed Form of Order Submitted . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 04/08/2020)

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  • 04/08/2020
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  • Docket(#11) Declaration of Lee Centrone . Filed by All Plaintiffs. (Related document(s): Motion for default judgment #9 .) (Larkin, Linda) (Entered: 04/08/2020)

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  • 04/08/2020
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  • Docket(#10) Declaration of Linda J. Larkin . Filed by All Plaintiffs. (Related document(s): Motion for default judgment #9 .) (Larkin, Linda) (Entered: 04/08/2020)

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  • 04/08/2020
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  • Docket(#9) Motion for Default Judgment . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 04/08/2020)

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  • 03/19/2020
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  • Docket(#8) ORDER: Granting Motion for Entry of Default #6 . Motion for default judgment is due within 30 days. Ordered by Magistrate Judge Youlee Yim You. (pvh) (Entered: 03/19/2020)

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  • 03/17/2020
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  • Docket(#7) Declaration of Linda J. Larkin . Filed by All Plaintiffs. (Related document(s): Motion for default #6 .) (Larkin, Linda) (Entered: 03/17/2020)

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  • 03/17/2020
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  • Docket(#6) Motion for Entry of Default . Filed by All Plaintiffs. (Larkin, Linda) (Entered: 03/17/2020)

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  • 02/25/2020
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  • Docket(#5) Notice re Affidavit of Service #4 , Complaint, #1 , Discovery order, #2 Office Service Filed by All Plaintiffs. (Related document(s): Affidavit of Service #4 , Complaint, #1 , Discovery order, #2 .) (Larkin, Linda) (Entered: 02/25/2020)

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  • 02/24/2020
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  • Docket(#4) Affidavit of Service of Summons Issued #3 upon All Defendants Filed by All Plaintiffs. (Larkin, Linda) (Entered: 02/24/2020)

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  • 02/11/2020
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  • Docket(#3) Summons Issued Electronically as to Vitro Electric LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 02/11/2020)

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  • 02/11/2020
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  • Docket(#2) Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/10/2020. Joint Alternate Dispute Resolution Report is due by 7/10/2020. Ordered by Magistrate Judge Youlee Yim You. (joha) (Entered: 02/11/2020)

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  • 02/10/2020
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  • Docket(#1) Complaint. ERISA Filing fee in the amount of $400 collected. Agency Tracking ID: BORDC-6251868 Jury Trial Requested: No. Filed by Timothy J Gauthier, Garth Bachman against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Larkin, Linda) (Entered: 02/10/2020)

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