Carpenters Southwest Administrative Corporation et al v. Northwestern, Inc. et al

Filing 45

JUDGMENT by Judge Dale S. Fischer, in favor of Board of Trustees for the Carpenters Southwest Trusts, Carpenters Southwest Administrative Corporation against Northwestern, Inc., Carl Wayne Noecker. (MD JS-6, Case Terminated).See Judgment for Specifics. (bp)

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JS 6

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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) CASE NO. 2:14-cv-09656-DSF-Ex
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)
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) JUDGMENT
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Plaintiffs,
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v.
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NORTHWESTERN, INC., doing business )
as NORTHWESTERN SHOWCASE & )
FIXTURE CO., a California corporation; )
CARL WAYNE NOECKER, an individual;
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CAROLE MOSER, an individual; and
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DOES 1 through 10, inclusive,
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Defendants.
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__________________________________ )

CARPENTERS SOUTHWEST
ADMINISTRATIVE CORPORATION, a
California non-profit corporation; and
13 BOARD OF TRUSTEES FOR THE
CARPENTERS SOUTHWEST TRUSTS,
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The default of defendants, NORTHWESTERN, INC., doing business as

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NORTHWESTERN SHOWCASE & FIXTURE CO., a California corporation,

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(“CORPORATION”) and CARL WAYNE NOECKER, an individual

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(“INDIVIDUAL”), having been entered, and good cause appearing,

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IT IS ORDERED, ADJUDGED AND DECREED that CARPENTERS
SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF

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TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS have judgment as

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follows:
AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE

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CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS

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SOUTHWEST TRUSTS’ FIRST AND FOURTH CLAIMS FOR RELIEF

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AGAINST NORTHWESTERN, INC., doing business as NORTHWESTERN

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SHOWCASE & FIXTURE CO., a California corporation:

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1.

Unpaid contributions

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2.

Liquidated damages

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3.

Interest on the unpaid contributions pursuant
to 29 U.S.C.A. 1132 (g)(2) (7 percent per annum)
pursuant to the Trust Agreements from the due
date to billing dates

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$220,288.71
56,475.30

44.58

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4.

Audit Fees

123.70

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Interest from due dates to August 17, 2015
(accruing at $53.08 per day)

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6.

Attorneys' fees pursuant to L.R. 55-3

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GRAND TOTAL

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7.

Plus costs to be determined after entry
of judgment.

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Pursuant to 28 U.S.C. §1961(a), this judgment
shall bear interest at the rate of 0.40% per annum.

*

The judgment amount sought in the First Claim for Relief against
NORTHWESTERN, INC., doing business as NORTHWESTERN
SHOWCASE & FIXTURE CO., a California corporation, includes
delinquencies, interest and attorneys fees for the period May 2011, August
2011, September 2011 and August 2012 through August 2013 in the amount
of $86,604.51, sought in the Third Claim for Relief against CARL WAYNE
NOECKER, an individual. Additionally, the judgment amount sought also
includes $233,231.41 in additional delinquencies for the period September
2013 through December 2014 that are not included in the Third Claim for
Relief.

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33,764.98
9,138.65
$319,835.92

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AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE
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CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS
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SOUTHWEST TRUSTS’ THIRD CLAIM FOR RELIEF AGAINST CARL

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WAYNE NOECKER, an individual:

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1.

Balance on Personal Guarantee

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2.

Interest on the balance from January 1, 2014 to
August 17, 2015 (accruing at $14.13 per
day or 7% per annum)

8,379.09

Attorneys' fees pursuant to Local Rule 55-3

4,547.13

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$73,678.29

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3.

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GRAND TOTAL

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4.

Plus costs to be determined after entry of judgment.

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5.

Pursuant to 28 U.S.C. §1961(a), this judgment
shall bear interest at the rate of 0.40% per annum.

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The judgment amount ($86,604.51) sought in the Third Claim for Relief
against CARL WAYNE NOECKER, an individual, is included in the
judgment amount ($319,835.92) sought in the First Claim for Relief against
NORTHWESTERN, INC., doing business as NORTHWESTERN
SHOWCASE & FIXTURE CO., a California corporation.

$86,604.51**

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AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE

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CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS

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SOUTHWEST TRUSTS’ FIRST CLAIM FOR RELIEF AGAINST

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NORTHWESTERN, INC., doing business as NORTHWESTERN SHOWCASE &

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FIXTURE CO., a California corporation and THIRD CLAIM FOR RELIEF

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AGAINST CARL WAYNE NOECKER, an individual:

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In the event of any recovery from any source including NORTHWESTERN,

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INC., doing business as NORTHWESTERN SHOWCASE & FIXTURE CO., a

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California corporation and CARL WAYNE NOECKER, an individual, full or

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partial satisfactions will be filed as to both the First Claim for Relief and the Third

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Claim for Relief.

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DATED:

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8/21/15

_______________________________________
DALE S. FISCHER
UNITED STATES DISTRICT JUDGE

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