The Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for Nothern California et al v. Valley Utility Services, Inc.

Filing 59

JUDGMENT [*AS MODIFIED BY THE COURT*]. Signed by Judge Yvonne Gonzalez Rogers on 10/6/17. (fs, COURT STAFF) (Filed on 10/6/2017)

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1 2 3 4 5 6 7 BARRY E. HINKLE, Bar No. 071223 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 TRACY L. MAINGUY, Bar No. 176928 RYAN B. KADEVARI, Bar No. 302957 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 Telephone (510) 337-1001 Fax (510) 337-1023 E-Mail: bhinkle@unioncounsel.net clozano@unioncounsel.net tmainguy@unioncounsel.net rkadevari@unioncounsel.net 8 Attorneys for Plaintiffs 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 18 [PROPOSED] JUDGMENT 1 Judge: Hon. Yvonne Gonzalez Rogers Plaintiffs, 16 17 No. 4:16-cv-02003-YGR THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., *AS MODIFIED BY THE COURT* v. VALLEY UTILITY SERVICES, INC., a California Corporation, et al., 19 Defendants. 20 21 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Judgment is 22 entered in favor of Plaintiffs THE BOARD OF TRUSTEES, in their capacities as Trustees of the 23 LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD 1 On September 28, 2017, almost one week after the Court adopted Magistrate Judge Maria-Elena James’ Report and Recommendation and granted plaintiffs’ motion for default judgment, defendant John Benedict filed an objection to the Report. (Dkt. No. 58.) Defendant Benedict’s objection was filed several days past the deadline for filing objections. Benedict notes that he knew nothing of this litigation until he received a copy of the Report, dated September 1, 2017, however, he received personal service on September 16, 2016. (Dkt. No. 31.) In any event, defendant Benedict’s objections contain no meritorious grounds to reconsider the Court’s prior grant of the motion for default judgment. Accordingly, the Court OVERRULES defendant Benedict’s objections. 1 A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 [PROPOSED] JUDGMENT Case No. 4:16-cv-02003-YGR 1 LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORIA; 2 LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS 3 TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA (“Trust 4 Funds”) and against Defendants VALLEY UTILITY SERVICES, INC.; UTILITIES SERVICES 5 OF NEVADA, INC. d/b/a Utility Services of NV, Inc.; and JOHN BENEDICT (collectively 6 “Defendants”) as follows: 7 8 9 1. Defendants, and each of them, are ordered to pay $1,351,677.21 in past due contributions for January 2013 to December 2014 owed to the Trust Funds; 2. Defendants, and each of them are ordered to pay $354,052.80 in liquidated 10 damages and interest in relation to unpaid contributions for January 2013 through December 2014 11 owed to the Trust Funds; 12 13 14 3. Defendants, and each of them, are ordered to pay $7,708.26 in delinquent fringe benefits contributions for April 2015 to September 2015 owed to the Trust Funds; 4. Defendants, and each of them, are ordered to pay $5,445.08 in liquidated damages 15 and interest in relation to unpaid contributions for April 2015 to September 2015 owed to the 16 Trust Funds; 17 18 19 20 21 5. Defendants, and each of them are ordered to submit to an audit covering the period January 1, 2015 to the present. 6. Defendants, and each of them are ordered to pay $9,882.50 in attorneys’ fees and $1,803.96 in costs owed to the Trust Funds; and 7. The District Court retains jurisdiction to enforce the order compelling the audit 22 and to amend the judgment to reflect any contributions and interest owed by Defendants, and 23 each of them, after Plaintiffs submit an additional declaration setting forth the results of the audit 24 and proving up their request for damages. 25 26 IT IS SO ORDERED. DATED: October 6, 2017 27 HONORABLE YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 28 WEINBERG, ROGER & ROSENFELD 2 A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 [PROPOSED] JUDGMENT Case No. 4:16-cv-02003-YGR

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