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

Filing 10

ORDER AND JUDGMENT ON AMENDED STIPULATION FOR JUDGMENT (DKT. 9 ) by Judge Cormac J. Carney, in favor of Board of Trustees of Sheet Metal Workers Local 105 Health Reimbursement Plan, Board of Trustees of the Sheet Metal Workers Health Plan of Sou thern California, Arizona and Nevada, Board of Trustees of the Sheet Metal Workers Local 105 Retirees Supplemental Health Care Trust Fund, Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada, Board of Trustees of the Southern California Sheet Metal Industry Labor Management Cooperation Trust, Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee, Board of Trustees of the Southern California Sheet Metal Workers 401(A) Plan, International Association of Sheet Metal Air, Rail and Transportation Workers, Local Union No. 105 Union Dues Check-Off and Deferred Savings Fund, Sheet Metal and Air Conditioning Contractors National Association of Southern California against Westland Heating and Air Conditioning, Inc., Kim Helton, Lisa Ann Helton. Judgment in the amount of $178,034.75 as follows: Judgment is entered in favor of the Plans and against the Company and Individual Defend ants, jointly and severally, in the amount of $178,034.75 for accrued liquidated damages, interest, attorney fees and costs, together with postjudgment interest thereon at the rate of 12% per annum as of the date of the Judgment. SEE DOCUMENT FOR FURTHER INFORMATION. Related to: Stipulation for Judgment 9 . (twdb)

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1/8/2021

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UNITED STATES DISTRICT COURT
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 RETIREES'
SUPPLEMENTAL HEALTH CARE TRUST
FUND; BOARD OF TRUSTEES OF THE
SOUTHERN CALIFORNIA SHEET
METAL WORKERS’ 401(A) PLAN;
SHEET METAL WORKERS'
INTERNATIONAL ASSOCIATION OF
SHEET METAL AIR, RAIL AND
TRANSPORTATION WORKERS LOCAL
UNION 105 DUES CHECK OFF AND
DEFERRED SAVINGS FUND; BOARD OF
TRUSTEES OF THE SOUTHERN
CALIFORNIA SHEET METAL INDUSTRY

Case No. 5:19-cv-01170-CJC (SPx)
Hon. Cormac J. Carney
ORDER AND JUDGMENT ON
AMENDED STIPULATION FOR
JUDGMENT (DKT. 9)

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LABOR MANAGEMENT COOPERATION
TRUST; SHEET METAL AND AIR
CONDITIONING CONTRACTORS
NATIONAL ASSOCIATION OF
SOUTHERN CALIFORNIA; AND LOCAL
105 HEALTH REIMBURSEMENT PLAN,

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Plaintiffs,
v.
WESTLAND HEATING AND AIR
CONDITIONING, INC.; KIM HELTON;
AND LISA ANN HELTON; individuals,
Defendants.

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Pursuant to the Stipulation by and between Plaintiffs Board of Trustees of
the Sheet Metal Workers’ Pension Plan of Southern California, Arizona and
Nevada (“Pension Plan”); Board of Trustees of the Sheet Metal Workers’ Health
Plan of Southern California, Arizona and Nevada (“Health Plan”); Board of
Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training
Committee (“JATC”); Board of Trustees of the Sheet Metal Workers Local 105
Retirees' Supplemental Health Care Trust Fund (“Retirees Plan”); Board of
Trustees of the Southern California Sheet Metal Workers’ 401(a) Plan (“401(a)
Plan”); Sheet Metal Workers’ International Association of Sheet Metal Air, Rail
and Transportation Workers Local Union No. 105 Union Dues Check-Off and
Deferred Savings Fund (“Dues and Savings Fund”); Board of Trustees of the
Southern California Sheet Metal Industry Labor Management Cooperation Trust
(“LMCT”); Board of Trustees of the Sheet Metal and Air Conditioning Contractors
National Association of Southern California (“Industry Fund”); and Local 105

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Health Reimbursement Plan (“HRA”) (collectively the “Plans” or “Trust Funds”),

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and Defendants, KIM HELTON, and LISA ANN HELTON (collectively

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“Individual Defendants”); and WESTLAND HEATING AND AIR

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CONDITIONING, INC. (“Company”), the Court has considered the matter fully

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

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entirety.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND

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DECREED as follows:
1.

That the Company and Individual Defendants agree that they are

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indebted to the Plans in the total amount of $178,034.75 as follows: $110,356.50 in

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

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months of October 2015 through December 2015, January 2017, September 2017

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through December 2017, January 2018, April 2018 August 2018 through

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November 2018, and February 2019 through April 2019; $55,178.25 in interest for

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late payment or nonpayment of contributions for the work months of October 2015

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through December 2015, January 2017, September 2017 through December 2017,

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January 2018, April 2018 August 2018 through November 2018, and February

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2019 through April 2019; and attorney's fees in the amount of $12,500.00.

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2.

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

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and Individual Defendants, jointly and severally, in the amount of $178,034.75 for

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accrued liquidated damages, interest, attorney fees and costs, together with post-

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judgment interest thereon at the rate of 12% per annum as of the date of the

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Judgment.

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3.

This Court retains jurisdiction over this matter through January 1, 2022

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

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injunctive and equitable relief, to make appropriate orders of contempt, and to

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increase the amount of judgment based upon additional sums owed to the Plans by

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Defendants.

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IT IS SO ORDERED.

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DATED: January 8, 2021

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HON. CORMAC J. CARNEY

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UNITED STATES DISTRICT JUDGE

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