Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada et al v. Action Sheet Metal, Inc. et al

Filing 13

ORDER ON STIPULATION FOR JUDGMENT 11 by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. That the Company and Individual Defendants are indebted to the Plans in the total amount of $209,783.79 as follows: con tributions (including the "Savings Deferral" which are wages deducted from employee paychecks) in the amount of $83,721.18 for the delinquent work months of February 2015 through April 2015; $77,375.07 in liquidated damages for late payment or nonpayment of contributions for the work months of November 2013, June through August 2014, October 2014 through December 2014, and January 2015 through April 2015; $38,687.54 in interest for late payment or nonpayment of con tributions for the work months of November 2013, June through August 2014, October 2014 through December 2014, and January 2015 through April 2015; and attorney's fees in the amount of $10,000.00. 2. Judgment is entered in favor of the P lans and against the Company and Individual Defendants, jointly and severally, in the amount of $209,783.79 for delinquent employee benefit plan contributions, audit contributions, 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. 3. This Court retains jurisdiction over this matter through September 1, 2016 to enforce the terms of any judgment entered hereunder, to order appropriate injunctive and equitable relief, to make appropriate orders of contempt, and to increase the amount of judgment based upon additional sums owed to the Plans by Defendants. (MD JS-6, Case Terminated). (lom)

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LAURIE A. TRAKTMAN (SBN 165588)
email: [e-mail]
GILBERT & SACKMAN
A Law Corporation
3699 Wilshire Boulevard, Suite 1200
Los Angeles, California 90010
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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JS-6

CENTRAL DISTRICT OF CALIFORNIA
BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS’ PENSION PLAN OF
SOUTHERN CALIFORNIA, ARIZONA AND
NEVADA; BOARD OF TRUSTEES OF THE
SHEET METAL WORKERS’ HEALTH
PLAN OF SOUTHERN CALIFORNIA,
ARIZONA AND NEVADA; BOARD OF
TRUSTEES OF THE SOUTHERN
CALIFORNIA SHEET METAL JOINT
APPRENTICESHIP AND TRAINING
COMMITTEE; BOARD OF TRUSTEES OF
THE SHEET METAL WORKERS’ LOCAL
105 RETIREE HEALTH PLAN; BOARD OF
TRUSTEES OF THE SOUTHERN
CALIFORNIA SHEET METAL WORKERS’
401(A) PLAN; SHEET METAL WORKERS’
INTERNATIONAL ASSOCIATION, LOCAL
UNION NO. 105 UNION DUES CHECK-OFF
AND DEFERRED SAVINGS FUND; BOARD
OF TRUSTEES OF THE SOUTHERN
CALIFORNIA SHEET METAL INDUSTRY
LABOR MANAGEMENT COOPERATION
TRUST; BOARD OF TRUSTEES OF THE
SHEET METAL INDUSTRY FUND OF LOS
ANGELES,
Plaintiffs,
v.
ACTION SHEET METAL, INC.; LORA
DEAN DOLCE; PAT A. DOLCE; and LAREE
DINA DOLCE, Individuals,
Defendants.

Case No. 2:15-cv-4365-RGK-AGR
Hon. R. Gary Klausner
ORDER ON STIPULATION FOR
JUDGMENT

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

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Sheet Metal Workers’ Pension Plan of Southern California, Arizona and Nevada

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(“Pension Plan”); Board of Trustees of the

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Southern California, Arizona and Nevada (“Health Plan”); Board of Trustees of the

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Southern California Sheet Metal Joint Apprenticeship and Training Committee

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(“JATC”); Board of Trustees of the Sheet Metal Workers’ Local 105 Retiree Health Plan

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(“Retirees Plan”); Board of Trustees of the Southern California Sheet Metal Workers’

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401(a) Plan (“401(a) Plan”); Sheet Metal Workers’ International Association, Local

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Union No. 105 Union Dues Check-Off and Deferred Savings Fund (“Dues and Savings

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Fund”); Board of Trustees of the Southern California Sheet Metal Industry Labor

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Management Cooperation Trust (“LMCT”); and Board of Trustees of the Sheet Metal

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Industry Fund of Los Angeles (“Industry Fund”) (collectively the “Plans” or “Trust

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Funds”), and LORA DEAN DOLCE, PAT A. DOLCE, and DINA LAREE DOLCE

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(incorrectly named as “Laree Dina Dolce”) (collectively the “Individual Defendants");

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and ACTION SHEET METAL, INC. (“Company”), the Court has considered the matter

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fully and concluded that good cause exists to approve the parties' Stipulation in its

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entirety.

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Sheet Metal Workers’ Health Plan of

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND

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DECREED as follows:

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1.

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amount of $209,783.79

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which are wages deducted from employee paychecks) in the amount of $83,721.18 for

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the delinquent work months of February 2015 through April 2015; $77,375.07 in

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liquidated damages for late payment or nonpayment of contributions for the work months

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of November 2013, June through August 2014, October 2014 through December 2014,

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and January 2015 through April 2015; $38,687.54 in interest for late payment or

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nonpayment of contributions for the work months of November 2013, June through

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August 2014, October 2014 through December 2014, and January 2015 through April

That the Company and Individual Defendants are indebted to the Plans in the total
as follows: contributions (including the "Savings Deferral"

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2015; and attorney's fees in the amount of $10,000.00.
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Judgment is entered in favor of the Plans and against the Company and

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Individual Defendants, jointly and severally, in the amount of $209,783.79 for delinquent

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employee benefit plan contributions, audit contributions, accrued liquidated damages,

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interest, attorney fees and costs, together with post-judgment interest thereon at the rate

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of 12% per annum as of the date of the Judgment.

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3.

This Court retains jurisdiction over this matter through September 1, 2016

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to enforce the terms of any judgment entered hereunder, to order appropriate injunctive

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and equitable relief, to make appropriate orders of contempt, and to increase the amount

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of judgment based upon additional sums owed to the Plans by Defendants.

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IT IS SO ORDERED.

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Dated: ___6/30/15_____________

_______________________________
Hon. R. Gary Klausner

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