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

Filing 29

MANDATORY INJUNCTION PURSUANT TO DEFAULT JUDGMENT; ORDER TO SHOW CAUSE REGARDING SANCTIONS - This order to show cause shall be vacated if defendant Powell has complied with the Mandatory Injunction above on or before 3/1/2017. Order to Show Cause Hearing set for 3/14/2017 02:00 PM. Signed by Judge William H. Orrick on 01/11/2017. (jmdS, COURT STAFF) (Filed on 1/11/2017)

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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
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA, et al.,
Plaintiffs,

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v.
DANIEL L POWELL,

MANDATORY INJUNCTION
PURSUANT TO DEFAULT
JUDGMENT; ORDER TO SHOW
CAUSE REGARDING SANCTIONS
Re: Dkt. Nos. 19, 25, and 26

Defendant.

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United States District Court
Northern District of California

Case No. 16-cv-02996-WHO

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On December 19, 2016, I GRANTED plaintiffs’ motion for an injunction (Dkt. No. 25)

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following the Report and Recommendation of Magistrate Judge Kandis Westmore (Dkt. No. 19).

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Defendant Daniel L. Powell, doing business as Daniel Powell Concrete Cutting, is ORDERED TO

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COMPLY with its terms.

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MANDATORY INJUNCTION

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Defendant Daniel L. Powell is COMPELLED to submit to an audit of the books and

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records of Daniel Powell Concrete Cutting, allowing the auditor to examine and copy such books,

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records, papers and reports of Daniel Powell Concrete Cutting that are relevant to the enforcement

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of the collective bargaining agreement and trust agreements as described in the Report and

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Recommendation. This includes, but is not limited to, the following for the period of July 1, 2012

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to the present:

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California Quarterly Report of Wages, Form DE-6; Federal Tax Forms W-3/W-2 and
1069/1099; Payroll Registers/Journals; Individual Earning Records; Source Records,
including time cards and time card summaries for all employees; contribution reports for
all trust funds; workers’ compensation reports; certified payroll reports; personnel records
indicating job classifications and hire/termination dates; cash disbursement journal; vendor
invoices; copies of subcontract agreements; cash receipts journal; general ledger; job cost
records; records of related entities; and any other books and records that may be necessary
to complete the auditor’s determination or provide additional explanation.

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United States District Court
Northern District of California

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Defendant Powell shall immediately contact Joe Shepherd at [phone] to arrange
for the audit, and defendant Powell shall contact plaintiff’s attorney Ronald L. Richman at (415)
352-2722 immediately thereafter to confirm the date of the audit.
Defendant Powell shall also show cause why he should not be ordered to pay sanctions in
the amount of the fees incurred by plaintiffs’ counsel for defendant’s failure to comply with the
injunction prior to this date. This order to show cause shall be vacated if defendant Powell has
complied with the Mandatory Injunction above on or before March 1, 2017. A further hearing on
this matter shall be set for March 14, 2017 at 2 p.m. in Courtroom 2, 17th floor, 450 Golden Gate
Avenue, San Francisco, California 94102.
Plaintiffs shall file a Status Report on March 7, 2017. In the event of defendant Powell’s
compliance, the matter will be taken off calendar. In the event of defendant Powell’s noncompliance in any respect, plaintiffs’ counsel shall file with the Status Report a declaration
showing the fees his clients have incurred following the filing of the Complaint in this case.
IT IS SO ORDERED.
Dated: January 11, 2017
______________________________________
WILLIAM H. ORRICK
United States District Judge

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