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

Filing 11

ORDER ON STIPULATION FORJUDGMENT 10 by Judge John A. Kronstadt. See judgment for details. (ah)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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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 LABOR MANAGEMENT
COOPERATION TRUST; BOARD OF
TRUSTEES OF THE SHEET METAL
INDUSTRY FUND OF LOS ANGELES,

Case No. 2:17-cv-00125-JAK-SS
Hon. John A. Kronstadt
ORDER ON STIPULATION FOR
JUDGMENT
JS-6

Plaintiffs,
v.
HENDERSON MECHANICAL SYSTEMS,
INC.; JAMES PAUL LEE, III; individual,
Defendants.

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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 Sheet Metal Workers’ Health Plan of

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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 Labor Management Cooperation

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Trust (“LMCT”); and Board of Trustees of the Sheet Metal Industry Fund of Los Angeles

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(“Industry Fund”) (collectively the “Plans” or “Trust Funds”), and Defendant, JAMES

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PAUL LEE, III (“Individual Defendant”); and HENDERSON MECHANICAL

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SYSTEMS, INC. (“Company”) the Court has considered the matter fully and concluded

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that good cause exists to approve the parties' Stipulation in its entirety.

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Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED as follows:
1.

The Company and Individual Defendants are indebted to the Plans in the

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2.

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

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Individual Defendant, jointly and severally, in the amount of $337,956.31 in delinquent

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employee benefit plan contributions, accrued liquidated damages, interest, attorney fees

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and costs, together with post-judgment interest thereon at the rate of 12% per annum as of

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the date of the Judgment.

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3.

This Court retains jurisdiction over this matter through September 1, 2017

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

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ORDER ON STIPULATION FOR JUDGMENT

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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: February 16, 2017

_______________________________
JOHN A. KRONSTADT
U.S. DISTRICT COURT JUDGE

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ORDER ON STIPULATION FOR JUDGMENT