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

Filing 76

JUDGMENT IN FAVOR OF LABORERS TRUST FUNDS PLAINTIFFS. Signed by Judge Yvonne Gonzalez Rogers on 10/10/17. (fs, COURT STAFF) (Filed on 10/10/2017)

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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.,

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United States District Court
Northern District of California

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Case No. 16-cv-01640-YGR
JUDGMENT IN FAVOR OF LABORERS TRUST
FUNDS PLAINTIFFS

Plaintiffs,
v.

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BRENEMAN, INC., a California
corporation; and JAMES G. BRENEMAN,
an individual,

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Defendant.

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The Court having granted the unopposed motion of plaintiffs Plaintiffs Board of Trustees
of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the
Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers
Pension Trust Fund For Northern California and Board of Trustees of the Laborers Training and
Retraining Trust Fund for Northern California (“Laborers Trust Funds”) for summary judgment
against defendants Breneman, Inc. and James G. Breneman,
IT IS HEREBY ADJUDICATED, ORDERED AND DECREED plaintiffs Laborers Trust Funds
are entitled to judgment as a matter of law against defendants Breneman, Inc. and James G.
Breneman as follows:

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Breneman, Inc.

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Liquidated Damages and Interest on
Contributions Paid, but Paid Late:

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Contributions Reported, Not Paid:

$31,033.79

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§ 1132(g)(2)(A) unpaid contributions:
§ 1132(g)(2)(B) interest:
§ 1132(g)(2)(C) interest:
Sub Total:
Contributions Not Reported, Not Paid:
 § 1132(g)(2)(A) unpaid contributions:
 § 1132(g)(2)(B) interest:
 § 1132(g)(2)(C) interest:
Sub Total:
Attorneys’ Fees and Costs:
TOTAL:

$236,942.26
$39,917.68
$39,917.68
$316,777.62
$1,214.78
$564.87
$564.87
$2,344.52
$12,600.13
$362,756.06

Moreover, Laborers Trust Funds are entitled to an audit of Breneman, Inc.’s books and
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records for the period July 1, 2015 to the present. The Court will retain jurisdiction to enforce the
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order for an audit and amend the judgment to reflect any contributions and interest owed by
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Defendants after Plaintiffs submit an additional declaration setting forth the results of the audit
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United States District Court
Northern District of California

and proving up their request for damages.
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James G. Breneman.
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Unpaid Payment Plan Contributions:

$113,820.39

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Liquidated Damages and Interest:

$58,096.00

Attorneys’ Fees and Costs:

$12,600.13

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TOTAL:

$184,516.52

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IT IS SO ORDERED.
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Dated: October 10, 2017
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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