Construction Laborers Trust Funds for Southern California Administrative v. West Coast Structures, Inc. et al

Filing 185

JUDGMENT by Judge John W. Holcomb. JUDGMENT is hereby entered in favor of Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, and AGAINST Defendant West Coast Structures, Inc., dba Western Structures (Emp loyer), arising in the period of September 2012 through May 2018,for Contributions in the amount of $248,063.64, Interests in the amount of $97,360.36, liquidated damages of $340,288.79, and audit costs $21,400.00 for a total of $707, 112.79 (SEE DOCUMENT FOR FURTHER DETAILS) (MD JS-6, Case Terminated). (yl)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

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CONSTRUCTION LABORERS
TRUST FUNDS FOR SOUTHERN
CALIFORNIA ADMINISTRATIVE
COMPANY, a Delaware limited liability
company,

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JUDGMENT

vs.

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Hon. John W. Holcomb

Plaintiff,

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Case No.: 5:18-cv-00490-JWH-SPx

WEST COAST STRUCTURES, INC., a
California corporation dba WESTERN
STRUCTURES; BRIAN MATHEW
SKAJEM, an individual,
Defendants.

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Pursuant to this Court’s Order Granting Plaintiff’s Motion for Summary

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Judgment of September 10, 2020,1 and the Order Granting Plaintiff’s Motion for

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Attorney Fees and Costs of November 3, 2020,2 JUDGMENT is hereby entered as

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follows:

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Dkt. No. 173.
Dkt. No. 183.
-1-

394486v2

I.

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On the First Claim for delinquent contributions to employee benefit

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plans, under 29 U.S.C. §§ 185(a), 1132(g)(2), and 1145, in FAVOR of Plaintiff

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Construction Laborers Trust Funds For Southern California Administrative

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Company, and AGAINST Defendant West Coast Structures, Inc., dba Western

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Structures (Employer), arising in the period of September 2012 through May 2018,

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for:

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Contributions:

$248,063.64

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Interest

$ 97,360.36

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Liquidated Damages

$340,288.79

Audit Costs

$ 21,400.00

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TOTAL:

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$707,112.79 (exclusive of fees and costs)

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II.

The Second Claim is DISMISSED as moot, without prejudice.

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III.

On the Third Claim, for violation of fiduciary duties under 29 U.S.C.

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§§ 1104(a)(1), 1109(a), and 1132(a)(2), in FAVOR of Plaintiff Construction Laborers

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Trust Funds for Southern California Administrative Company, and AGAINST

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Defendant West Coast Structures and Defendant Brian Mathew Skajem, for:

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Contributions withheld from employee benefit plans,

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in violation of fiduciary duties:

$248,063.64

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Interest on those contributions:

$ 97,360.36

TOTAL

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The Judgment on the Third Claim is joint and several, and not cumulative, with

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$345,424.00

the Judgment on the First Claim.
IV.

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In addition, as to all Defendants, jointly and severally: For attorneys’ fees

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and costs, pursuant to Agreements and 29 U.S.C. §§ 1132(g)(2)(D) and 1132(g)(1), in

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the amount of $316,304.80 fees and $7,356.19 costs, totaling $323,660.99.
The total Judgment is therefore $707,112.79 against West Coast Structures,

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Inc., dba Western Structures for the first claim; and $669,084.99 against Brian

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Mathew Skajem and West Coast Structures, Inc., dba West Coast Structures,

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jointly and severally, for the third claim and the attorneys’ fees.
IT IS SO ORDERED:

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DATED: November 12, 2020

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HON. JOHN W. HOLCOMB
United States District Court Judge

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