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TOTTEN v. WILCON CONCRETE

United States District Court, Northern District of California


June 10, 2003

LARRY TOTTEN AS CHAIRMAN AND JOSE MORENO AS CO-CHAIRMAN OF THE BOARDS OF TRUSTEES FOR THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; AND LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, PLAINTIFFS,
v.
WILSON CONCRETE, A BUSINESS ENTITY, JAMES WILSON, AN INDIVIDUAL, AND DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Susan Illston, United States District Judge

Order Granting Motion for Default Judgment

The Court having received the Summons and Complaint in the within action, together with appropriate proofs of service, and no response having been received from defendant WILSON CONCRETE and JAMES WILSON within the time permitted by law, the Court has previously directed that a default be entered in this action on February 5, 2003. (Exhibit A to this Judgment.)

Upon proofs submitted to the Court by plaintiffs including the declarations of Simon A. Mazzola and Ana Sorensen, it is hereby ORDERED, ADJUDGED AND DECREED with respect to plaintiffs' Complaint as follows:

1. The Court grants plaintiffs' demand for an injunction requiring defendant to submit to an audit of their financial records. Defendant shall immediately submit to an audit and shall grant immediate access to those financial records that plaintiffs require to conduct the audit. These financial records shall include, for the time period January 2000 through present, at a minimum:
Individual earnings records; Federal Tax Forms W-3/W-2 and 1069/1099; Reporting forms for all Trust Funds, State DE-3/DE-6 Tax Reports; Workers' compensation insurance; Employee time cards; Payroll Registers/Journals; Quarterly payroll tax returns (Form 941); Check register and supporting cash vouchers; Forms 1120, 1040 or partnership tax returns; General ledger; Source Records, including time cards and time card summaries for all employees; Certified payroll reports; Personnel records indicating job classifications and hire/termination dates; Cash disbursement journal; Vendor invoices; Copies of subcontract agreements; Cash receipts journal; Job cost records; Records of related entities; and any other books and records that may be necessary to complete the auditor's determination or provide additional explanation of defendants' financial records.
2. Plaintiffs shall have and recover costs in the amount of $396.00, comprised of the filing fee of $150.00 and service fees of $246.00.
3. Plaintiffs shall have and recover attorney's fees in the sum of $2,500.00, which represents the reasonable value of the time spent by plaintiffs' counsel in prosecution of the within action to obtain judgment on the Complaint.
4. The total sum of this judgment, exclusive of any interest accrued after the date of this order, is $2,896.00.
5. The court retains jurisdiction over this matter to ensure that defendants comply with its order.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
LARRY TOTTEN as CHAIRMAN and ) Case No. C 02 5927 SI JOSE MORENO as CO-CHAIRMAN of ) the BOARDS OF TRUSTEES FOR THE ) PLAINTIFFS LABORERS' LABORERS HEALTH AND WELFARE ) TRUST FUNDS' REQUEST TRUST FUND FOR NORTHERN ) FOR ENTRY OF DEFAULT CALIFORNIA; LABORERS VACATION- ) HOLIDAY TRUST FUND FOR ) NORTHERN CALIFORNIA; LABORERS ) PENSION TRUST FUND FOR ) NORTHERN CALIFORNIA; and ) LABORERS TRAINING AND ) RETRAINING TRUST FUND FOR ) NORTHERN CALIFORNIA, ) ) Plaintiffs, ) ) vs. ) ) WILSON CONCRETE, a business entity, ) JAMES WILSON, an individual, and ) DOES 1-10, ) ) Defendants. ) _______________________________________ )
TO: WILSON CONCRETE, a business entity and JAMES WILSON, an individual:

Plaintiffs Laborers Trust Funds hereby request that the Clerk of Court enter the default of Defendants WILSON CONCRETE, a business entity and JAMES WILSON, an individual, in the above-referenced action.

The Request For Entry of Default is made on the grounds that defendants were served on January 8, 2003, no responsive pleadings have been filed by defendants and that no cause exists which would prevent the Clerk of Court from entering the Default of defendants in this action.

The Request for Entry of Default is based upon this Request for Entry of Default and the Declaration of Simon A. Mazzola In Support of Request For Entry of Default.

20030610

© 1992-2003 VersusLaw Inc.



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