Construction Laborers Trust Funds for Southern California Administrative Company v. Emae International Corporation et al

Filing 46

JUDGMENT by Judge Cormac J. Carney, in favor of Construction Laborers Trust Funds for Southern California Administrative Company against Ehab Maher Maamoun in the principal amount of $12,000.00, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $12,000.00. (See document for further details.) (MD JS-6, Case Terminated). (rla)

1 ALEXANDER B. CVITAN (SBN 81746),
E-Mail: [e-mail]
2 MARSHA M. HAMASAKI (SBN 102720), and
E-Mail: [e-mail]
3 ALLAN D. SHULDINER (SBN 252259), Members of
E-Mail: [e-mail]
4 REICH, ADELL & CVITAN, A Professional Law Corporation
3550 Wilshire Boulevard, Suite 2000
5 Los Angeles, California 90010-2421
Telephone: [phone]; Facsimile: (2l3) 386-5583
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7 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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Plaintiff,
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vs.
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EMAE INTERNATIONAL CORPORATION, ]
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a California corporation;
VIGILANT INSURANCE COMPANY, a
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New York corporation; AMERICAN
CONTRACTORS INDEMNITY COMPANY,
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a California corporation; EHAB
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MAHER MAAMOUN, an individual;
DOE 1 through DOE 10, inclusive; ]
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Defendants.
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11 CONSTRUCTION LABORERS TRUST
FUNDS FOR SOUTHERN CALIFORNIA
12 ADMINISTRATIVE COMPANY, a
Delaware limited liability
13 company,
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CASE NO.: SACV 11-00793-CJC(MLGx)
SEVERAL JUDGMENT PURSUANT TO
STIPULATION

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PURSUANT TO THE STIPULATION FOR ENTRY OF JUDGMENT by and

24 between the plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR
25 SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited
26 liability company, and defendant EHAB MAHER MAAMOUN, an
27 individual, and good cause appearing therefor,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
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A several judgment is entered in favor of the plaintiff,

2 CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA
3 ADMINISTRATIVE COMPANY, a Delaware limited liability company
4 ("CLTF"), a fiduciary, administrator, agent and assignee for
5 collection to the LABORERS HEALTH AND WELFARE TRUST FUND FOR
6 SOUTHERN CALIFORNIA, CONSTRUCTION LABORERS PENSION TRUST FOR
7 SOUTHERN CALIFORNIA, CONSTRUCTION LABORERS VACATION TRUST FOR
8 SOUTHERN CALIFORNIA, LABORERS TRAINING AND RE-TRAINING TRUST FUND
9 FOR SOUTHERN CALIFORNIA, FUND FOR CONSTRUCTION INDUSTRY
10 ADVANCEMENT, CENTER FOR CONTRACT COMPLIANCE, and LABORERS CONTRACT
11 ADMINISTRATION TRUST FUND FOR SOUTHERN CALIFORNIA ("TRUST FUNDS")
12 and against defendant EHAB MAHER MAAMOUN ("EHAB MAAMOUN") for a
13 total judgment in the principal sum of $12,000.00 in unpaid fringe
14 benefit contributions, interest and liquidated damages incurred
15 for the period from January 2007 through May 2011.
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The Court finds that there is no just reason for delay in the

17 entry of a final several judgment against EHAB MAAMOUN, leaving
18 the balance of the claims asserted by Plaintiff against the
19 remaining Defendant, EMAE INTERNATIONAL CORPORATION, a California
20 corporation ("EMAE") to be litigated in the event the bankruptcy
21 proceedings filed by EMAE is dismissed by the order of the
22 bankruptcy court.
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This judgment, and the amount of this judgment, will be non-

24 dischargeable debt in the event that EHAB MAAMOUN files for
25 bankruptcy.

This judgment shall not constitute a waiver, release

26 or other relinquishment of the TRUST FUNDS' legal rights and
27 remedies to recover from EMAE or other third parties any amounts
28 determined to be owed by EMAE, including but not limited to
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1 amounts encompassed by this judgment.

This judgment shall not,

2 and does not, have res judicata effect, operate as a bar or effect
3 any other limitation of any right of the TRUST FUNDS or any
4 constituent Trust Fund (including CLTF on behalf of the TRUST
5 FUNDS or any constituent Trust Fund) to such recovery from
6 EMPLOYER or any other party or third party.
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Dated: June 19, 2012

______________________________
CORMAC J. CARNEY, JUDGE OF THE
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF
CALIFORNIA

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