Opinion
1:21-cv-01078-CL
10-05-2022
RICARDO ORDONEZ GREGORIO, GILBERTO GARCIA ORDONEZ, ANDRES ORDONEZ JIMENEZ, GABRIEL GREGORIO HERNANDEZ, JULIO CARDONA ORDONEZ, JOAQUIN ORDONEZ CARDONA, ALFREDO ORDONEZ CARDONA, ALICIA HERNANDEZ GREGORIO, ELMER ESCALANTE GREGORIO, ROGELIO ORDONEZ ANDRES, ISMAEL ORDONEZ ANDRES, GABRIEL GARCIA ORDONEZ, ANDRES SANTOS VELASQUEZ, CELESTINO HERNANDEZ CARDONA, JUAN ANDRES GOMEZ, ANDRES VELASQUEZ FABIAN, CEFERINO LEONEL GOMEZ, Plaintiffs, v. COLT JAMISON HANSEN, an individual WESTCOAST GROWERS, LLC., TOPSHELF HEMP, LLC., FIRE HEMP, LLC., Defendants.
FINDINGS AND RECOMMENDATION
MARK D. CLARKE, UNITED STATES MAGISTRATE JUDGE
On May 27, 2022, the District Court adopted this Court's Findings and Recommendation to grant a Default Judgment in this case against all of the defendants on all of the claims (#43).
The Court instructed the Plaintiffs to file a memorandum of damages for the Court to consider before awarding damages and entering judgment. The Court has reviewed the Plaintiff's Amended Memorandum (#48) and finds that the statutory damages are capable of mathematical calculation, and no hearing is necessary on the AWPA claims - the Plaintiffs should be awarded the maximum amount of statutory damages for each AWPA violation, in order to effectuate the Act's remedial purposes. Default has been entered on these claims, and by their defaults, the defendants have admitted all well-pleaded factual allegations. Notice was given that this accounting would take place, and no objection or response has been filed.
RECOMMENDATION
After review of the Plaintiffs' filings and the Court record, the Court recommends that Plaintiffs be awarded their entire requested relief, as proposed in the Amended Memorandum, and their attorney fees, as accounted for in the Declaration of Joseph Suarez (#49). This amounts to a total damages award of $388,682, as broken down per plaintiff below, plus Court costs of $402, and attorney fees of $22,127.60. Judgment should be entered accordingly.
1. Plaintiff Ricardo Ordonez Gregorio should be awarded damages in the amount of $23,450:
2. Plaintiff Andres Ordonez Jimenez should be awarded damages in the amount of $23,658:
3. Plaintiff Gabriel Gregorio Hernandez should be awarded damages in the amount of $24,528:
4. Plaintiff Julio Cardona Ordonez should be awarded damages in the amount of $21,660:
5. Plaintiff Joaquin Ordonez Cardona should be awarded damages in the amount of $23,886:
6. Plaintiff Alfredo Ordonez Cardona should be awarded damages in the amount of $23,148:
7. Plaintiff Alicia Hernandez Gregorio should be awarded damages in the amount of $23,148:
8. Plaintiff Elmer Escalante Gregorio should be awarded damages in the amount of $23,148
9. Plaintiff Rogelio Ordonez Andres should be awarded damages in the amount of $21,668:
10. Plaintiff Ismael Ordonez Andres should be awarded damages in the amount of $21,668:
11. Plaintiff Ceferino Leonel Gomez should be awarded damages in the amount of $24,088:
12. Plaintiff Gilberto Garcia Ordonez should be awarded damages in the amount of $21,680:
13. Plaintiff Andres Santos Velasquez should be awarded damages in the amount of $22,748:
14. Plaintiff Celestino Hernandez Cardona should be awarded damages in the amount of $22,718:
15. Plaintiff Juan Andres Gomez should be awarded damages in the amount of $22,718:
16. Plaintiff Andres Velasquez Fabian should be awarded damages in the amount of $23,748:
17. Plaintiff Gabriel Garcia Ordonez should be awarded damages in the amount of $21,020.
SCHEDULING
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Federal Rule of Appellate Procedure Rule 4(a)(1) should not be filed until entry of the district court's judgment or appealable order. The Report and Recommendation will be referred to a district judge. Objections to this Report and Recommendation, if any, are due fourteen (14) days from today's date. If objections are filed, any response to the objections is due fourteen (14) days from the date o£the objections. See Fed.R.Civ.P. 72, 6.