Burns et al v. R.C. Knapp, Inc. et al

Filing 67

CLERK'S JUDGMENT in favor of Pension Trust Fund For Operating Engineers against Heavy and Highway Committee, Operating Engineers Local Union No.3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre-Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund, Richard Piombo, Russell E. Burns (ndr, COURT STAFF) (Filed on 10/31/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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RUSSELL E. BURNS in his capacity as
Trustee of the Operating Engineers' Health
and Welfare Trust Fund for Northern
California; RICHARD PIOMBO in his
capacity as Trustee of the Operating
Engineers' Health and Welfare Trust Fund
for Northern California; PENSION TRUST
FUND FOR OPERATING ENGINEERS;
PENSIONED OPERATING ENGINEERS'
HEALTH AND WELFARE FUND;
OPERATING ENGINEERS AND
PARTICIPATING EMPLOYERS PREAPPRENTICESHIP, APPRENTICE AND
JOURYMEN AFFIRMATIVE ACTION
TRAINING FUND; HEAVY AND
HIGHWAY COMMITTEE; and
OPERATING ENGINEERS LOCAL
UNION NO.3 OF THE INTERNATIONAL
UNION OF OPERATING ENGINEERS,
AFL-CIO,

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JUDGMENT

Plaintiffs,

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Case No. 13-cv-05209-CW

v.

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R.C. KNAPP, INC., A California
corporation; RICHARD CHRISTOPHER
KNAPP, individually,

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Defendants.

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For the reasons set forth in Magistrate Judge Westmore's Report and Recommendation Re
Amended Motion for Default Judgment filed May 22, 2014 and adopted by this Court,

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IT IS HEREBY ORDERED AND ADJUDGED

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That default judgment is entered against Defendants R.C. Knapp Inc. and Richard

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Christopher Knapp. Plaintiff Russell E. Burns in his capacity as Trustee of the Operating
Engineers' Health and Welfare Trust Fund for Northern California; Richard Piombo in his capacity

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as Trustee of the Operating Engineers' Health and Welfare Trust Fund for Northern California;
Pension Trust Fund for Operating Engineers; Pensioned Operating Engineers' Health and Welfare

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Fund; Operating Engineers and Participating Employers Pre-Apprenticeship, Apprentice and

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Journeyman Affirmative Action Training Fund; Heavy and Highway Committee; and Operating

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Engineers Local Union No.3 of the International Union of Operating Engineers, AFL-CIO shall

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recover from Defendants R.C. Knapp Inc. and Richard Christopher Knapp:

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(1) unpaid contributions in the amount of $89,205.94;
(2) liquidated damages on the unpaid and late paid contributions in the amount of $56,099.73;

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(3) interest on the unpaid and late-paid contributions in the amount of $9,055.28;
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(4) in connection with the 2011-2013 audit, unpaid contributions in the amount of $18,787.56,
liquidated damages in the amount of $1,604.18, interest in the amount of $1,202.09, and

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United States District Court
Northern District of California

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$1,176.00 fee for performing the audit;

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(5) reasonable attorney's fees in the amount of $7,168.50; and
(6) costs in the amount of $530.71.
In addition, interest shall continue to accrue on amounts owed at a rate of 10% per annum,

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from April 30, 2014 until paid, and at post-judgment interest rates on the balance of the
judgment.
Dated at Oakland, California, this 31st day of October, 2014.
Richard W. Wieking
Clerk, United States District Court

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By: ________________________
Nikki D. Riley, Deputy Clerk to the
Honorable CLAUDIA WILKEN

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