Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. Superhall Mechanical Inc

Filing 54

ORDER DISMISSING ALL NAMED PLAINTIFFS,ETC. AND ENTERING JUDGMENT re 53 Declaration in Support,, filed by Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California, Sheet Metal Workers Local 104 Vacation, Holiday Savings Plan, Sheet Metal Workers Pension Trust of Northern California, Bruce Word. Signed by Judge Edward M. Chen on 10/6/11. (bpf, COURT STAFF) (Filed on 10/6/2011)

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ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (ST. BAR #50246)
3030 Bridgeway, Suite 121
Sausalito, CA 94965
Telephone: [phone]
Facsimile: [phone]

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ATTORNEYS FOR PLAINTIFFS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE SHEET METAL )
WORKERS, et al.,
)
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Plaintiffs,
)
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vs.
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SUPERHALL MECHANICAL, etc.,
)
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Defendant.
)
____________________________________ )

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1.

C 10 2212 EMC

DECLARATION OF
MICHAEL J. CARROLL
IN SUPPORT OF DISMISSAL
OF CERTAIN PLAINTIFFS
AND FOR ENTRY OF
JUDGMENT; ORDER

I, MICHAEL J. CARROLL, declare:

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NO.

I am one of the attorneys for all plaintiffs in this

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action.

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2011.

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It appears that proper service has not occurred of the First Amended

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Complaint, a pleading filed solely to correct the name of the Health

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and Welfare Trust Fund party to this case.

Plaintiffs’ motion for default judgment was granted June 30,
An issue remains over the propriety of the named plaintiffs.

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2.

All trust funds named in the original complaint and the

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first

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Agreement, Exhibits 6 and 12.

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the

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(hereinafter

amended

Sheet

complaint

Metal

Workers

referred

to

are

signatories

the

Joint

Services

Please note that under that Agreement

Pension
as

to

the

Trust

for

Northern

“Nor

Cal

Pension

California
Trust”)

is

DECL.OF MICHAEL J. CARROLL IN SUPP.OF DISMISSAL OF CERTAIN PLAINTIFFS & FOR ENTRY
OF JUDGMENT; ORDER
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responsible to bill for, and take all necessary steps to collect

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contributions due under collective bargaining agreements, to the

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various fringe benefit trust funds.

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responsibility to file suit in the name of and for and on behalf of

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the parties signatory to the Joint Services Agreement.

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have all agreed and authorized “...the trustees of the Nor Cal Pension

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Trust

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delinquencies on its behalf.”

to

sue

in

its

name

and/or

Ex. 12 ¶ 1,3.

to

enter

This includes the

into

The parties

settlements

of

Ex. 12, ¶ 3, page 4.

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3. Plaintiffs respectfully request that the Court enter an

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order dismissing all named plaintiffs from both the original complaint

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and the First Amended Complaint without prejudice, save and except for

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one plaintiff named in the original complaint: Board of Trustees of

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the Sheet Metal Workers Pension Trust of Northern California, and that

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Judgment be entered in favor of that entity in the amounts set forth

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in the Court’s June 30, 2011 Order, to wit:

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(1) $118,079.29 in unpaid contributions

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(2) $23,615.86 in liquidated damages

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(3) $3,149.23 in interest, and

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(4) $2,905 in fees and costs.

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The total damages awarded are $144,844.37.

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DECL.OF MICHAEL J. CARROLL IN SUPP.OF DISMISSAL OF CERTAIN PLAINTIFFS & FOR ENTRY
OF JUDGMENT; ORDER
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I declare under penalty of perjury that the foregoing is
true and correct.
Executed on October 4, 2011 at Sausalito, California.

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/s/ Michael J. Carroll
MICHAEL J. CARROLL

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S

ER

H

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RT

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R NIA

dward
Judge E

NO

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D
_________________________________
RDERE
Edward IM.IS SO O
Chen
T
U.S. District Judge
n

M. Che

A

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UNIT
ED

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IT IS SO ORDERED.
10/6/11
Dated: _____________

S DISTRICT
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O R D E R

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F
D IS T IC T O
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DECL.OF MICHAEL J. CARROLL IN SUPP.OF DISMISSAL OF CERTAIN PLAINTIFFS & FOR ENTRY
OF JUDGMENT; ORDER
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