Bay Area Painters and Tapers Pension Trust Fund and its Joint Board of Trustees et al v. Brown

Filing 29

ORDER by Judge Thelton E. Henderson granting 19 Motion for Default Judgment (tehlc1, COURT STAFF) (Filed on 2/11/2013)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

12 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
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Plaintiffs,
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v.
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NEHEMIAH ELIJAH BROWN, JR.,
16 Individually and dba PRECISION
DRYWALL CO.,
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Defendant.
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Case No: C12-5378 TEH
DEFAULT JUDGMENT
Judge: The Honorable Thelton E. Henderson

Plaintiffs’ Motion for Default Judgment filed by Bay Area Painters and Tapers Pension

20 Trust Fund, and its Joint Board of Trustees; Les Proteau and Charles Del Monte, Trustees; District
21 Council 16 Northern California Health and Welfare Trust Fund, and its Joint Board of Trustees;
22 Doug Christopher and John Maggiore, Trustees; Bay Area Painters & Tapers Health Fund;
23 District Council 16 Northern California Journeyman & Apprentice Training Trust Fund, and its
24 Joint Board of Trustees; Doug Christopher and Marion Bourboulis, Trustees; and District Council
25 16 of the International Union of Painters and Allied Trades, was submitted on the pleadings filed
26 herein.
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The Court having found that Defendant NEHEMIAH ELIJAH BROWN, JR. dba

28 PRECISION DRYWALL CO. is not an infant, incompetent person, or in the military service of
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Case No.: C12-5378 TEH
N:\Painters&Tapers\Modified po.DOC

1 the United States or otherwise exempted under the Servicemembers Civil Relief Act of 2003;
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After considering the moving papers, argument of counsel, and all other matters presented

3 to the Court, IT IS HEREBY ORDERED THAT the motion is GRANTED in its entirety.
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It is hereby ORDERED, ADJUDGED AND DECREED that Defendant NEHEMIAH

5 ELIJAH BROWN, JR. dba PRECISION DRYWALL CO. shall promptly pay to Plaintiffs all
6 sums due and owing under the terms of the Collective Bargaining Agreements and Trust
7 Agreements as amended and incorporated therein, as follows:
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Case No.: C12-5378 TEH
N:\Painters&Tapers\Modified po.DOC

1

4/12

Liquidated damages
5% p/a Interest (6/1/12-6/5/12)

$750.00
$15.15

5/12

Contributions
20% Liquidated damages
5% p/a Interest (7/1/12-1/4/13)

$9,390.44
$1,878.09
$241.84

6/12

Contributions
20% Liquidated damages
5% p/a Interest (8/1/12-1/4/13)

$7,327.80
$1,465.56
$157.60

7/12

Contributions (est.)
20% Liquidated damages (est.)
5% p/a Interest (9/1/12-1/4/13) (est.)

$7,327.80
$1,465.56
$126.48

8/12

Contributions (est.)
20% Liquidated damages (est.)
5% p/a Interest (10/1/12-1/4/13) (est.)

$7,327.80
$1,465.56
$96.37

9/12

Contributions (est.)
20% Liquidated damages (est.)
5% p/a Interest (11/1/12-1/4/13) (est.)

$7,327.80
$1,465.56
$65.25

10/12 Contributions (est.)
20% Liquidated damages (est.)
5% p/a Interest (12/1/12-1/4/13) (est.)

$7,327.80
$1,465.56
$53.20

11/12 Contributions (est.)
20% Liquidated damages (est.)
5% p/a Interest (1/1/13-1/4/13) (est.)

$7,327.80
$1,465.56
$4.02

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$765.15

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$11,510.37

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$8,950.96

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$8,919.84

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$8,889.73

$8,858.61
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$8,846.56

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SUB-TOTAL
Attorneys’ fees (9/5/12-1/4/13)
Anticipated attorneys’ fees (Estimated in connection with,
preparation for the hearing, review of the Judgment entered, service
of same, preparation of and recording Abstracts and a Judgment
Lien, preparation of a Writ of Execution for issuance by the Court)
Costs (10/17/12-10/31/12)

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SUB-TOTAL
GRAND TOTAL

$8,797.38
$65,538.60
$3,909.50
$1,220.00

$540.00
$5,669.50
$71,208.10

IT IS SO ORDERED, that Judgment be entered totaling $71,208.10. Interest shall accrue

24 from January 5, 2013 at the rate of five percent (5%) per annum on contributions and contribution
25 balances ($53,357.24), and at the legal rate from the date of Judgment on all other amounts due,
26 all through the date of satisfaction of Judgment.
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IT IS FURTHER ORDERED that Plaintiffs be awarded additional attorneys’ fees and

28 costs they incur relating to this motion and the collection of amounts owed pursuant to this
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Case No.: C12-5378 TEH
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1 Judgment, all according to proof. Plaintiffs may submit additional declarations to the Court
2 relative to such amounts claimed due.
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IT IS FURTHER ORDERED that the Court shall retain jurisdiction over this matter.

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Date: 2/11/13
THE HONORABLE THELTON E. HENDERSON
SENIOR DISTRICT JUDGE
UNITED STATES DISTRICT COURT

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