Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California Arizona and Nevada et al vs. Curtis Hedlund Corporation et al

Filing 6

ORDER ON STIPULATION FOR JUDGMENT by Judge Audrey B. Collins. Judgment is entered in favor of the Plans and against the Company and individual Defendant, jointly and severally, in the amount of $54,280.89 for delinquent employee benefit plan contributions and accrued liquidated damages, interest, attorney fees and costs, together with post-judgment interest thereon at the rate of 12% per annum as of the date of the Judgment (MD JS-6, Case Terminated). (bp)

1 LAURIE A. TRAKTMAN (SBN 165588)
GILBERT & SACKMAN
2 A Law Corporation
3699 Wilshire Boulevard, Suite 1200
JS-6
3 Los Angeles, California 90010
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
5
Attorneys for Plaintiffs
6
UNITED STATES DISTRICT COURT
7
CENTRAL DISTRICT OF CALIFORNIA
8 BOARD OF TRUSTEES OF THE
Case No. CV13-01398-ABC (MRWx)
SHEET METAL WORKERS’ PENSION
9 PLAN OF SOUTHERN CALIFORNIA,
Hon. Audrey B. Collins
10 ARIZONA AND NEVADA; BOARD OF
TRUSTEES OF THE SHEET METAL
OF
[PROPOSED] ORDER ON
11 WORKERS’ HEALTH PLANARIZONA
SOUTHERN CALIFORNIA,
STIPULATION FOR JUDGMENT
12 AND NEVADA; BOARD OF
TRUSTEES OF THE SOUTHERN
13 CALIFORNIA SHEET METAL JOINT
APPRENTICESHIP AND TRAINING
14 COMMITTEE; BOARD OF TRUSTEES
OF THE SHEET METAL WORKERS’
RETIREE HEALTH PLAN;
15 LOCAL 105 TRUSTEES OF THE
BOARD OF
16 SOUTHERN CALIFORNIA SHEET
METAL WORKERS’ 401(A) PLAN;
17 SHEET METAL WORKERS’
INTERNATIONAL ASSOCIATION,
18 LOCAL UNION NO. 105 UNION DUES
CHECK-OFF AND DEFERRED
19 SAVINGS FUND; BOARD OF
TRUSTEES OF THE SOUTHERN
20 CALIFORNIA LABOR MANAGEMENT
COOPERATION TRUST; BOARD OF
OF THE SHEET METAL
21 TRUSTEES FUND OF LOS ANGELES,
INDUSTRY
22
23

Plaintiffs,
v.

24 CURTIS HEDLUND CORPORATION
25 dba BOSS AIR MECHANICAL; CARL
CURTIS SCOTT HEDLUND; and
26 LARS HEDLUND, individuals,
27
28

Defendants.

1

Pursuant to the Stipulation by and between Plaintiffs, Board of Trustees of the

2 Sheet Metal Workers’ Pension Plan of Southern California, Arizona and Nevada
3 (“Pension Plan”); Board of Trustees of the Sheet Metal Workers’ Health Plan of
4 Southern California, Arizona and Nevada (“Health Plan”); Board of Trustees of the
5 Southern California Sheet Metal Joint Apprenticeship and Training Committee
6 (“JATC”); Board of Trustees of the Sheet Metal Workers’ Local 105 Retiree Health
7 Plan (“Retirees Plan”); Board of Trustees of the Southern California Sheet Metal
8 Workers’ 401(a) Plan (“401(a) Plan”); Sheet Metal Workers’ International
9 Association, Local Union No. 105 Union Dues Check-Off and Deferred Savings
10 Fund (“Dues and Savings Fund”); Board of Trustees of the Southern California
11 Labor Management Cooperation Trust (“LMCT”); and Board of Trustees of the Sheet
12 Metal Industry Fund of Los Angeles (“Industry Fund”) (collectively the “Plans” or
13 “Trust Funds”), and defendants, CURTIS SCOTT HEDLUND; and CARL LARS
14 HEDLUND (“Individual Defendants”); and CURTIS HEDLUND CORPORATION dba
15 BOSS AIR MECHANICAL. (“Company”) (collectively “Defendants”), the Court has
16 considered the matter fully and concluded that good cause exists to approve the
17 parties' Stipulation in its entirety.
18

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as

19 follows:
20

1.

That the Company and Individual Defendants are indebted to the Plans

21 in the total amount of That the Company and Individual Defendants are indebted to
22 the Plans in the total amount of $54,280.89 as follows: contributions (including the
23 "Savings Deferral" which are wages deducted from employee paychecks) in the
24 amount of $35,985.30 for the delinquent work months of November 2012
25 ($8,618.95), December 2012 ($6,648.25), January 2013 ($7,093.68), February 2013
26 ($6,427.36) and March 2013 (estimated to be $7,197.06); $7,197.06 in liquidated
27 damages for late payment or nonpayment of contributions for the work months of
28 November 2012, December 2012, January 2013, February 2013 and March 2013;

1 $3,598.53 in interest for late payment or nonpayment of contributions for the work
2 months of November 2012, December 2012, January 2013, February 2013 and
3 March 2013; and attorney's fees in the amount of $7,500. as follows: contributions
4 (including the "Savings Deferral" which are wages deducted from employee
5 paychecks) in the amount of $35,985.30 for the delinquent work months of
6 November 2012 ($8,618.95), December 2012 ($6,648.25), January 2013
7 ($7,093.68), February 2013 ($6,427.36) and March 2013 (estimated to be
8 $7,197.06); $7,197.06 in liquidated damages for late payment or nonpayment of
9 contributions for the work months of November 2012, December 2012, January
10 2013, February 2013 and March 2013; $3,598.53 in interest for late payment or
11 nonpayment of contributions for the work months of November 2012, December
12 2012, January 2013, February 2013 and March 2013; and attorney's fees in the
13 amount of $7,500.
14

2.

Judgment is entered in favor of the Plans and against the Company and

15 Individual Defendant, jointly and severally, in the amount of $54,280.89 for
16 delinquent employee benefit plan contributions and accrued liquidated damages,
17 interest, attorney fees and costs, together with post-judgment interest thereon at the
18 rate of 12% per annum as of the date of the Judgment.
19

3.

This Court retains jurisdiction over this matter through March 30, 2014

20 to enforce the terms of any judgment entered hereunder, to order appropriate
21 injunctive and equitable relief, to make appropriate orders of contempt, and to
22 increase the amount of judgment based upon additional sums owed to the Plans by
23 Defendants.
24
25 IT IS SO ORDERED.
26
27 Dated: 3/20/2013
28

_______________________________
Hon. Audrey B. Collins