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

Filing 78

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

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8
9

BOARD OF TRUSTEES OF THE
CEMENT MASONS HEALTH AND
WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA, et al.,

10

United States District Court
Northern District of California

11

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

Plaintiffs,
v.

13

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

14

Defendant.

12

15
16
17
18
19
20
21
22
23
24

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

25

Breneman, Inc.

26

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

27
28

Contributions Reported, Not Paid:

$22,622.04

1
2
3
4
5
6
7





§ 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:

$34,223.52
$6,705.58
$6,705.58
$47,634.68
$4,305.54
$2,685.07
$2,685.07
$9,675.68
$9,529.07
$89,461.47

Moreover, Cement Masons Trust Funds are entitled to an audit of Breneman, Inc.’s books
8
and records for the period July 1, 2015, to the present. The Court will retain jurisdiction to
9
enforce the order for an audit and amend the judgment to reflect any contributions and interest
10
owed by Defendants after Plaintiffs submit an additional declaration setting forth the results of the
11
United States District Court
Northern District of California

audit and proving up their request for damages.
12
James G. Breneman.
13
Unpaid Payment Plan Contributions:

$84,896.72

Liquidated Damages and Interest:

$38,599.42

14
15
Attorneys’ Fees and Costs:

$9,529.07

16
TOTAL:

$133,025.21

17
IT IS SO ORDERED.
18
Dated: October 10, 2017
19
20
21

______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

22
23
24
25
26
27
28
2