Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Quinn Painting & Decorating, a California General Partnership et al

Filing 40

ORDER Re Supplemental Briefing. Signed by Judge Edward M. Chen on 4/24/2015. (emcsec, COURT STAFF) (Filed on 4/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,

No. C-14-1836 EMC

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Plaintiffs,
v.

ORDER RE SUPPLEMENTAL
BRIEFING

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For the Northern District of California

United States District Court

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QUINN PAINTING & DECORATING, et al.,
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Defendants.
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Plaintiffs have filed a motion for default judgment, which is set for hearing on May 21, 2015.

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Having reviewed Plaintiffs’ motion and accompanying submissions, the Court hereby orders

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Plaintiffs to file supplemental briefing and/or evidence as follows.

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(1)

Plaintiffs shall submit evidence to establish that the copy of the current Master Agreement

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(attached to the Jackson declaration as Exhibit A) contains the same terms as the earlier

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Master Agreements signed by Quinn Painting & Decorating (“QPD”) with respect to: (a)

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contributions; (b) liquidated damages; (c) interest; (d) audit rights and audit fees; and (e)

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attorney’s fees and costs.

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(2)

If judgment is entered in this case, then “Plaintiffs may be barred by the doctrine of res

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judicata from recovering additional delinquent payments for the relevant time period that

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they may discover they are owed through an audit.” W. States Insulators & Allied Workers

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Pension Plan v. Jenco Mech. Insulation, Inc., No. C-11-0175 EMC, 2012 U.S. Dist. LEXIS

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47161, at *12 (N.D. Cal. Apr. 3, 2012); see also Bd. of Trs. of the Bay Area Roofers v. Ace

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Roofing Co.,, No. C 04 3098 MJJ (BZ), 2005 U.S. Dist. LEXIS 39886, at *7-12 (N.D. Cal.

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June 16, 2005) (discussing res judicata in ERISA default judgment case), adopted by 2005

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U.S. Dist. LEXIS 39882 (N.D. Cal. July 5, 2005). Plaintiffs shall provide supplemental

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briefing addressing the res judicata issue. See, e.g., W. States, 2012 U.S. Dist. LEXIS 47161,

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at *12-13 (stating that, “to protect Plaintiffs’ rights and provide Plaintiffs adequate time to

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conduct an audit, judgment shall not enter until ninety (90) days after the date of this order”).

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(3)

With respect to the issue of holding the individual defendants liable, Plaintiffs shall address

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the rulings of Judges Wilken and Ryu in Bay Area Painters & Tapers Pension Trust Fund v.

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Golden Vas Painting, No. C-10-02923 CW (DMR). See, e.g., Bay Area Painters & Tapers

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Pension Trust Fund v. Golden Vas Painting, No. C-10-02923 CW (DMR), 2011 U.S. Dist.
LEXIS 141309, at *14-16 (N.D. Cal. Nov. 7, 2011) (noting that “Plaintiffs’ FAC provides no

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For the Northern District of California

United States District Court

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additional facts as to the individual Defendants’ personal liability under ERISA and instead

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alleges facts to support a collection action against Defendants pursuant to the California

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Corporations Code[;] [t]he court can only surmise that Plaintiffs believe Vasilatos and

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Tofavaha are legally responsible for satisfying the judgment entered against their

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partnership, Golden Vas[,] [b]ut the question before the court is not whether the individual

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partners must pay Golden Vas’ monetary judgment; it is whether judgment may also be

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entered directly against them”), adopted by 2011 U.S. Dist. LEXIS 141310 (N.D. Cal. Dec.

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8, 2011).

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Plaintiffs’ supplemental briefing and evidence shall be filed within a week of the date of

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this order. Plaintiffs shall promptly serve a copy of this order on Defendants and file a proof

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of service establishing such.

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IT IS SO ORDERED.

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Dated: April 24, 2015

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_________________________
EDWARD M. CHEN
United States District Judge

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