Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Perez

Filing 50

ORDER GRANTING: 45 MOTION to Correct Default Judgment and Amended Judgment. Signed by Judge Jeffrey S. White on 6/5/12. (jjoS, COURT STAFF) (Filed on 6/5/2012)

Case3:10-cv-02002-JSW Document47 Filed05/14/12 Page1 of 2

Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: [phone]
Facsimile: 415.352.2701
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
CALIFORNIA,

Case No.: CV 10 2002 JSW (JCS)
AMENDED JUDGMENT
ORDER GRANTING MOTION TO
CORRECT DEFAULT JUDGMENT AND
AMENDED JUDGMENT

Plaintiffs,
v.
ELADIO PEREZ dba E & F DEMOLITION,
Defendant.
Order Granting Motion to
AMENDED JUDGMENT
Correct and
The Court, adopting as modified, Magistrate Judge Spero's Report and Recommendation
and granting in part and denyingin part Plaintiffs' motion for default judgment, and pursuant to
Plaintiffs' Motion to Correct the Judgment arising from oversight or omission, the Judgment
entered by this Court on December 12, 2011 is hereby amended as follows:
/ / / The Court has read and considered Plaintiffs' motion to correct default judgment. Defendants
have not opposed the motion, although the time for filing an opposition has passed. The Court
finds good cause to grant the motion. Accordingly, the motion is GRANTED, and the Judgment
is HEREBY AMENDED to provide as follows:
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AMENDED JUDGMENT

Case3:10-cv-02002-JSW Document47 Filed05/14/12 Page2 of 2

This Court grants Judgment in favor of Plaintiffs and against defendant Eladio Perez in
the amount of $114,614.91, broken down as follows:
1. the unpaid balance of employee fringe benefit contributions reported but not paid
for the period of July and August 2010 in the principal amount of $25,414.64;
2. contributions not reported, and not paid, for the period of January — August and
November 2008 in the amount of $513.70;
3. the unpaid principal balance of contributions not reported and not paid based on a
audit for the period December 2005 —December 2007 in the amount of $5,514.52;
4. interest and liquidated damages for all delinquent principal contributions for a
total of $13,929.76 under § 1132(g)(2)(B) and (C);
5. liquidated damages and interest accruing on contributions paid, but paid late in
the amount of $62,581.28; and
6. attorneys' fees and costs in the amount of $6,661.01.
This Court further grants the following relief to Plaintiffs: (7) a mandatory injunction
requiring the Defendant Eladio Perez to submit to an audit of its financial records by the Boards
of Trustees for the period January 2008 to the present; and finally, (8) this Court shall retain
jurisdiction of the parties and subject matter to enforce the mandatory injunction and to entertain
a motion for a further money judgment, should the audit disclose amounts that may be owed by
The Court reserves the right to refer any such motion to Magistrate JUdge
Defendant to the Trust Funds. Spero for purposes of preparing a further report and recommendation.
IT IS SO ORDERED.
Dated: June 5
, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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AMENDED JUDGMENT