Construction Laboreres Trust Funds for Southern California Administrative Company v. Carolino Traffic Control, Inc.

Filing 28

JUDGMENT PURSUANT TO STIPULATION 24 by Judge Dolly M. Gee. Judgment is entered in favor of the CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company, the administrator, agent for collection and a fiduciary to the Laborers Health And Welfare Trust Fund For Southern California, Construction Laborers Pension Trust For Southern California, Construction Laborers Vacation Trust For Southern California, Laborers Training And Re -Training Trust Fund For Southern California, Fund For Construction Industry Advancement, Center For Contract Compliance, Laborers Contract Administration Trust Fund For Southern California, Laborers' Trusts Administrative Trust Fund For Sout hern California, Southern California Partnership for Jobs Trust Fund; San Diego County Construction Laborers Pension Trust Fund and San Diego Construction Advancement Fund 2003 (hereinafter collectively "TRUST FUNDS"), and against Defendan t, CAROLINO TRAFFIC CONTROL, INC., a California corporation also known as and doing business as dba CAROLINO BUILDERS (EMPLOYER) (EMPLOYER) for thesum of $40,392.40, covering the period from January 1, 2012 to January 31, 2016 only. (MD JS-6, Case Terminated). (lom)

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1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 12 13 CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company, 14 15 Case No.: CV 17-841-DMG(AGRx) JUDGMENT PURSUANT TO STIPULATION [24] Plaintiff, vs. 16 CAROLINO TRAFFIC CONTROL, INC., a California corporation also known as and doing business as dba 18 CAROLINO BUILDERS, 17 19 Defendant. 20 21 22 23 24 25 26 27 28 -1- 1 PURSUANT TO THE STIPULATION FOR ENTRY OF JUDGMENT by and 2 between the Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR 3 SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, a fiduciary, 4 administrator, agent and assignee for collection to the CONSTRUCTION LABORERS 5 TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, 6 LLC., and Defendant, CAROLINO TRAFFIC CONTROL, INC., a California 7 corporation also known as and doing business as dba CAROLINO BUILDERS, 8 IT IS HEREBY ORDERED: 9 10 1. Judgment is entered in favor of the CONSTRUCTION LABORERS 11 TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, 12 a Delaware limited liability company, the administrator, agent for collection and a 13 fiduciary to the Laborers Health And Welfare Trust Fund For Southern California, 14 Construction Laborers Pension Trust For Southern California, Construction Laborers 15 Vacation Trust For Southern California, Laborers Training And Re-Training Trust Fund 16 For Southern California, Fund For Construction Industry Advancement, Center For 17 Contract Compliance, Laborers Contract Administration Trust Fund For Southern 18 California, Laborers' Trusts Administrative Trust Fund For Southern California, 19 Southern California Partnership for Jobs Trust Fund; San Diego County Construction 20 Laborers Pension Trust Fund and San Diego Construction Advancement Fund 2003 21 (hereinafter collectively "TRUST FUNDS"), and against Defendant, CAROLINO 22 TRAFFIC CONTROL, INC., a California corporation also known as and doing 23 business as dba CAROLINO BUILDERS (“EMPLOYER”) (“EMPLOYER”) for the 24 sum of $40,392.40, covering the period from January 1, 2012 to January 31, 2016 only 25 (“JUDGMENT”.) 26 27 28 2. IT IS FURTHER ORDERED that the Judgment against EMPLOYER shall not be construed to be a waiver and/or release of the TRUST FUNDS' legal rights -2- 1 and remedies to recover from A. CAROLINO any such amounts due under the 2 JUDGMENT under the terms of the settlement agreement between the TRUST 3 FUNDS, EMPLOYER and A. CAROLINO and A. CAROLINO’S personal guaranty to 4 pay the amounts due under the terms of a settlement agreement if not paid by 5 EMPLOYER. Therefore, this Judgment shall not be a bar or construed to be res 6 judicata or collateral estoppel to any legal proceeding to seek recovery of any amounts 7 claimed as owed by A. CAROLINO to the TRUST FUNDS. 8 All scheduled dates and deadlines are VACATED. 9 10 11 DATED: October 18, 2017 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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