Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Shade Construction & Engineering, Inc. et al

Filing 20

CLERK'S JUDGMENT in favor of Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the Laborers Pension Trust Fund for Northern California, Board of Trustees of the Laborers Training and Re training Trust Fund for Northern California, Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California against Shade Construction & Engineering, Inc., Scott Michael Shade. See judgment for details. (tl, COURT STAFF) (Filed on 8/19/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SHADE CONSTRUCTION & ENGINEERING, INC., et al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Plaintiffs, No. CV-09-0591 MMC JUDGMENT IN A CIVIL CASE () Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. (X) Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS SO ORDERED AND ADJUDGED 1. To the extent plaintiffs seek a monetary award against defendant Shade Construction & Engineering, Inc., the motion is hereby GRANTED, and plaintiffs are awarded the total sum of $256,075.72 against said defendant, such sum reflecting the below-listed allocations. a. Pursuant to 29 U.S.C. § 1132(g)(2)(A), plaintiffs are awarded damages for unpaid contributions in the amount of $168,639.80. b. Pursuant to 29 U.S.C. § 1132(g)(2)(B), plaintiffs are awarded interest in the amount of $23,282.56. c. Pursuant to 29 U.S.C. § 1132(g)(2)( C), plaintiffs are awarded interest in the amount of $23,282.56. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. Pursuant to the parties' contract, plaintiffs are awarded liquidated damages and interest for late-paid contributions in the amount of $35,781.20. e. Pursuant to 29 U.S.C. § 1132(g)(2)(D), plaintiffs are awarded attorney's fees and costs in the amount of $5098.70. 2. To the extent plaintiffs seek to hold defendant Scott Michael Shade personally liable for the above-referenced sums, the motion is hereby GRANTED in part and DENIED in part, and plaintiffs are awarded the total sum of $232,793.16 against said defendant, such sum reflecting the below-listed findings. a. With respect to the sums set forth in paragraphs 1(a), 1(b), 1(d), and 1(e) above, the motion is GRANTED, and, pursuant to 29 U.S.C. § 1109(a), plaintiffs are awarded such sums against Shade. b. With respect to the sum set forth in paragraph 1( c) above, the motion is DENIED. 3. To the extent plaintiffs seek an award of post-judgment interest at the rate of 1.5% per month on the sums awarded herein, the motion is GRANTED in part and DENIED in part, as follows. a. With respect to the sum set forth in paragraph 1(a), the motion is GRANTED, and such sum shall bear interest at the rate of 1.5% per month until paid in full. b. With respect to all other sums set forth above, the motion is DENIED. Dated: August 18, 2009 Richard W. Wieking, Clerk Deputy Clerk By: Tracy Lucero

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