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

Filing 70

AMENDED JUDGMENT RE ( 67 , 69 ) 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 a nd 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. Signed by Judge Claudia Wilken on 12/8/2014. (ndr, COURT STAFF) (Filed on 12/8/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Erica J. Russell, Esq. (SBN 274494)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Tel: [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

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11 RUSSELL E. BURNS, et al., as Trustees of
the OPERATING ENGINEERS’ HEALTH
12 AND WELFARE TRUST FUND, et al.,

Case No.: C13-5209 CW
[PROPOSED] AMENDED JUDGMENT

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Plaintiffs,
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v.
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R.C. KNAPP, INC., et al.,
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Defendants.
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For the reasons set forth in Magistrate Judge Westmore’s Report and Recommendation Re

19 Amended Motion for Default Judgment filed May 22, 2014 and adopted by this Court, and based
20 upon Plaintiffs’ Request for Entry of Amended Judgment filed December 3, 2014,
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IT IS HEREBY ORDERED AND ADJUDGED

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That an amended default judgment is entered against Defendant R.C. Knapp, Inc. only.

23 Plaintiff Russell E. Burns in his capacity as Trustee of the Operating Engineers’ Health and
24 Welfare Trust Fund for Northern California; Richard Piombo in his capacity as Trustee of the
25 Operating Engineers’ Health and Welfare Trust Fund for Northern California; Pension Trust Fund
26 for Operating Engineers; Pensioned Operating Engineers’ Health and Welfare Fund; Operating
27 Engineers and Participating Employers Pre-Apprenticeship, Apprentice and Journeyman
28 Affirmative Action Training Fund; Heavy and Highway Committee; and Operating Engineers
-1[PROPOSED] AMENDED JUDGMENT
Case No.: C13-5209 CW
P:\CLIENTS\OE3CL\R C Knapp, Inc\Pleadings\Proposed Amended Judgment.docx

1 Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO shall recover
2 from Defendant R.C. Knapp, Inc:
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(1) Unpaid contributions in the amount of $89,205.94;

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(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

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$18,787.56, liquidated damages in the amount of $1,604.18, interest in the amount of

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$1,202.09, and $1,176.00 fee for performing the audit;

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(5) Reasonable attorneys’ fees in the amount of $7,168.50; and

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(6) Costs in the amount of $530.71.

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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

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judgment.

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Dated:

12/8/2014

UNITED STATES DISTRICT COURT JUDGE

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-2[PROPOSED] AMENDED JUDGMENT
Case No.: C13-5209 CW
P:\CLIENTS\OE3CL\R C Knapp, Inc\Pleadings\Proposed Amended Judgment.docx