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
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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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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
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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[PROPOSED] JUDGMENT
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Judge: Hon. Yvonne Gonzalez Rogers
Plaintiffs,
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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.,
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Defendants.
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Judgment is
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entered in favor of Plaintiffs THE BOARD OF TRUSTEES, in their capacities as Trustees of the
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LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA;
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WEINBERG, ROGER &
ROSENFELD
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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.
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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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LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORIA;
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LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS
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TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA (“Trust
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Funds”) and against Defendants VALLEY UTILITY SERVICES, INC.; UTILITIES SERVICES
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OF NEVADA, INC. d/b/a Utility Services of NV, Inc.; and JOHN BENEDICT (collectively
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“Defendants”) as follows:
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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;
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Defendants, and each of them are ordered to pay $354,052.80 in liquidated
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damages and interest in relation to unpaid contributions for January 2013 through December 2014
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owed to the Trust Funds;
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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;
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Defendants, and each of them, are ordered to pay $5,445.08 in liquidated damages
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and interest in relation to unpaid contributions for April 2015 to September 2015 owed to the
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Trust Funds;
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5.
Defendants, and each of them are ordered to submit to an audit covering the period
January 1, 2015 to the present.
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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
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The District Court retains jurisdiction to enforce the order compelling the audit
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and to amend the judgment to reflect any contributions and interest owed by Defendants, and
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each of them, after Plaintiffs submit an additional declaration setting forth the results of the audit
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and proving up their request for damages.
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IT IS SO ORDERED.
DATED:
October 6, 2017
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HONORABLE YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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WEINBERG, ROGER &
ROSENFELD
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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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