The Boards of Directors of the Motion Picture Industry Pension Plan et al v. BZ Com Marketing, Inc.

Filing 26

RENEWAL OF JUDGMENT by Judge Dean D. Pregerson, in favor of Motion Picture Industry Health Plan, The Boards of Directors of the Motion Picture Industry Pension Plan, The Motion Picture Industry Individual Account Plan against BZ Com Marketing, Inc. Defendant BZ Com is to Make available to the Plans all of the books and records concerning the classification of the employees of BZ Com, their names, social security numbers, the amount of wages paid to each, and the hours worked, including, but not limited to, Individual Time Cards and/or start slips; Individual payroll ledger; Quarterly returns filed with each state in which work was performed or filed with any other state agency; Accounts Payable/Cash Disbursement Journals (or canceled check s in lieu thereof), et al. Afford to the Plans both ample time and opportunity to examineall of BZ Coms materials specified above, without harassment, at such time and at such place as shall be convenient to the authorized representative of the Plan s; with the Federal Government. In the event BZ Com cannot produce all of the records which the Plans are required to examine, BZ Com is ordered to participate in record reconstruction, where BZ Com shall have 14 days to: Apply to the Federal and Sta te agencies with which BZ Com previously filed periodic reports pertaining to employees for copies of BZ Coms reports to them for the period for which BZ Com cannot produce records; and Subsequently make available to the Plans all such copies of BZ C oms periodic reports to the Federal and State agencies under the conditions set forth in 1(b) above. BZ Com is further ordered to pay to the Plans; A. $3,680.00 for reasonable attorneys fees incurred in prosecuting this action; B. $510.01 for costs of suit; andC. All costs incurred by Plaintiffs in conducting the audit for theperiod of January 23, 2005 to date. Related to: APPLICATION for Renewal of Judgment re Order Awarding Attorney Fees,,, Terminated Case,, 22 24 (shb)

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Kathryn J. Halford (CA Bar No. 68141)
Email: [e-mail]
Elizabeth Rosenfeld (CA Bar No. 106571)
Email: [e-mail]
WOHLNER KAPLON CUTLER
HALFORD & ROSENFELD
A Professional Corporation
16501 Ventura Boulevard, Suite 304
Encino, California 91436
Telephone: [phone] ext. 331
Fax: [phone]
Attorneys for Plaintiffs the Boards of Directors of
the Motion Picture Industry Pension Plan, the Motion
Picture Industry Individual Account Plan, and
Motion Picture Industry Health Plan

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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(Western Division)

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THE BOARDS OF DIRECTORS OF
THE MOTION PICTURE INDUSTRY
PENSION PLAN, THE MOTION
PICTURE INDUSTRY INDIVIDUAL
ACCOUNT PLAN, AND MOTION
PICTURE INDUSTRY HEALTH
PLAN,

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RENEWAL OF
JUDGMENT BY CLERK

Plaintiffs,

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Case No. 08-cv-02956-DDP (JWJx)

v.
BZ COM MARKETING, INC., a
California corporation,

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Defendant.

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THE JUDGMENT DEBTOR, BZ COM MARKETING, INC., a California
corporation having judgment entered against them on October 3, 2008:

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Now, upon the application of the Boards of Directors of the Motion Picture

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Industry Pension Plan; The Motion Picture Industry Individual Account Plan, and
_____________________________________________________________________________________________________________________
RENEWAL OF JUDGM
ENT BY CLERK - 1

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Motion Picture Industry Health Plan (“Plaintiff”) and upon declaration that

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Defendant has failed to comply with the production of documents and records and

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failed to pay the total amount of said judgment and that judgment be renewed as

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follows:

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1.

Defendant BZ Com is hereby ordered to:
A.

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Make available to the Plans all of the books and records

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concerning the classification of the employees of BZ Com, their names, social

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security numbers, the amount of wages paid to each, and the hours worked,

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including, but not limited to, Individual Time Cards and/or start slips; Individual

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payroll ledger; Quarterly returns filed with each state in which work was

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performed or filed with any other state agency; Accounts Payable/Cash

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Disbursement Journals (or canceled checks in lieu thereof); Quarterly returns filed

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with the Federal Government (Form 941); Cash Disbursement Journal; Canceled

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checks and the check stub register; Invoices and backup for Cash Disbursement

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Journal, canceled checks and the check stub register; Forms W-2 and W-3; Forms

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1096’s and 1099’s; Workers’ compensation carrier reports; General Ledger;

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Accounts Receivables and such other records as may be necessary in the opinion of

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the Plans’ auditor, and any other records or information that the Plans require to

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examine for the period of January 2005 to date;
B.

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Afford to the Plans both ample time and opportunity to examine

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all of BZ Com’s materials specified above, without harassment, at such time and at

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such place as shall be convenient to the authorized representative of the Plans;

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2.

In the event BZ Com cannot produce all of the records which the

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Plans are required to examine, BZ Com is ordered to participate in record

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reconstruction, where BZ Com shall have 14 days to:

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A.

Apply to the Federal and State agencies with which BZ Com

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previously filed periodic reports pertaining to employees for copies of BZ Com’s

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reports to them for the period for which BZ Com cannot produce records; and
_____________________________________________________________________________________________________________________
RENEWAL OF JUDGM
ENT BY CLERK - 2

B.

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Subsequently make available to the Plans all such copies of BZ

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Com’s periodic reports to the Federal and State agencies under the conditions set

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forth in 1(b) above,

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3.

BZ Com is further ordered to pay to the Plans;
A.

$3,680.00 for reasonable attorneys’ fees incurred in prosecuting

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B.

$510.01 for costs of suit; and

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C.

All costs incurred by Plaintiffs in conducting the audit for the

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this action;

period of January 23, 2005 to date.
June 21,
Dated:_____________, 2018

Sharon Hall-Brown
Sh
H ll B
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CLERK,
UNITED STATES DISTRICT COURT

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Presented by:
WOHLNER KAPLON CUTLER
HALFORD & ROSENFELD
DATED: June 21, 2018

KIRY K. GRAY, CLERK OF COURT

Kathryn J. Halford
WOHLNER KAPLON CUTLER
HALFORD & ROSENFELD

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BY:

/s/ Kathryn J. Halford
KATHRYN J. HALFORD
Attorneys for Plaintiffs the Boards of
Directors of the Motion Picture Industry
Pension Plan et al.

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_____________________________________________________________________________________________________________________
RENEWAL OF JUDGM
ENT BY CLERK - 3