Carpenters Southwest Administraitve Corporation et al v. MDS Doors, Inc. et al

Filing 32

AMENDED JUDGMENT by Judge Terry J. Hatter. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS have judgment against MDS DOORS, INC., a California c orporation, also known as M D S DOORS, INC.: Unpaid contributions of $39,459.39; Interest on the unpaid contributions pursuantto 29 U.S.C.A. 1132 (g)(2) (7 percent per annum) pursuant to the Trust Agreements from the due date to billing date in the amount of $324.75. Audit Fees of $1.00. Interest from due date to May 16, 2018 (accruing at $7.75 per day) in the amount of $6,880.49. Interest pursuant to 29 USC 1132(g)(2)(C) double interest on contributions in the amou nt of 7,205.24. Attorney Fees pursuant to Local Rule 55-3 in the amount of $2,991.91 For a Grand Total of $56,942.78. plus costs to be determined after entry of judgment. Pursuant to 28 USC Section 1961(a), this judgment shall bear interes t at the rate of 2.28 per annum. JUDGMENT AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS SECOND CLAIM FOR RELIEF FOR DEFALCATION AGAINST JEFFREY WAYNE SMITH, an individual known as JEFF SMITH and INES F. SMITH, am individual. Unpaid contributions of $7,600.64. Interest on 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 May 16, 2018 (accruing at $1.46 per day) in the amount of $1,440.72. Attorneys fees of $960.06. For a GRAND TOTAL OF $10,001.42. Plus costs to be determined after entry of judgment. Pursuant to 28 USC Section 1961(a), this judgment shall bear interest at the rate of 2.28 percent per annum.

CASEY JENSEN, Bar No. 263593
[e-mail]
2 DeCARLO & SHANLEY
A Professional Corporation
3 533 S. Fremont Avenue, 9th Floor
Los Angeles, California 90071-1706
4 Telephone: [phone]
Telecopier: 213/488-4180
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ATTORNEYS FOR PLAINTIFFS, CARPENTERS SOUTHWEST
ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES
7 FOR THE CARPENTERS SOUTHWEST TRUSTS
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
) CASE NO. 2:17-cv-02985-TJH-SS
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) AMENDED JUDGMENT
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Plaintiffs,
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v.
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MDS DOORS, INC., a California
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corporation, also known as M D S DOORS,
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INC.; JEFFREY WAYNE SMITH, an
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individual, also known as JEFF SMITH; )
INES F. SMITH, an individual;
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and DOES 1 through 10, inclusive,
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Defendants.
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__________________________________ )

CARPENTERS SOUTHWEST
ADMINISTRATIVE CORPORATION, a
California non-profit corporation; and
14 BOARD OF TRUSTEES FOR THE
CARPENTERS SOUTHWEST TRUSTS,
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It appearing that defendants, MDS DOORS, INC., a California corporation,

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also known as M D S DOORS, INC., JEFFREY WAYNE SMITH, an individual,

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also known as JEFF SMITH and INES F. SMITH, an individual, having been

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regularly served with process, having failed to plead or otherwise defend this

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action and its default having been entered; on application of the CARPENTERS

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SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF

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TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, to the Court and

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after having considered the papers and arguments submitted in support thereof, and

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good cause appearing therefore,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

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CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and

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BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS

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have judgment against MDS DOORS, INC., a California corporation, also known

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as M D S DOORS, INC.:

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1.

Unpaid contributions

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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 date

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$39,459.39

324.75

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Audit Fees

81.00

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Interest from due date to May 16, 2018
(accruing at $7.57 per day)

6,880.49

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Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C)
(double interest on contributions)

7,205.24

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Attorneys' fees pursuant to Local Rule 55-3

2,991.91

GRAND TOTAL

$56,942.78

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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 2.28% per annum.

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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’ SECOND CLAIM FOR RELIEF FOR DEFALCATION

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AGAINST JEFFREY WAYNE SMITH, an individual, also known as JEFF

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SMITH and INES F. SMITH, an individual:

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1.

Unpaid contributions

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2.

Interest on the unpaid contributions pursuant

$7,600.64

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to 29 U.S.C.A. 1132 (g)(2) (7 percent per annum)
pursuant to the Trust Agreements from the due date
to May 16, 2018 (accruing at $1.46 per day)

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GRAND TOTAL

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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 2.28% per annum.

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Attorneys' fees pursuant to Local Rule 55-3

1,440.72
960.06
$10.001.42

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DATED: November 29, 2018_______________________________________
HONORABLE TERRY J. HATTER, JR.
UNITED STATES DISTRICT JUDGE
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Presented by,
DeCARLO & SHANLEY
A Professional Corporation

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By:

/S/ Casey Jensen
CASEY JENSEN
Attorney for Plaintiffs

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