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NORTHWEST ADMIN, INC. v. WALT'S CONCRETE CO.

United States District Court, Northern District of California


August 15, 2003

NORTHWEST ADMINISTRATORS, INC. PLAINTIFF,
v.
WALT'S CONCRETE CO., ETC. DEFENDANT

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

ORDER AND DEFAULT JUDGMENT

Good cause appearing therefor, it is hereby ORDERED that default judgment be entered in favor of plaintiff, NORTHWEST ADMINISTRATORS, INC., against defendant, WALT'S CONCRETE CO., a corporation, also known as WALT'S CONCRETE, as follows:

1. Principal $6,664.00 2. Interest 381.20 3. Attorneys fees 900.00 4. Costs 225.00 TOTAL: $8,170.20
IT IS FURTHER ORDERED AND ADJUDGED in light of the decision in International Union of Operating Engineers v. Richard D. Karr, No. 91-35846 (9th Cir. 1993), that the only issue raised in this proceeding through the date of this default judgment is the [ Page 2]

failure of defendant to pay known delinquent contributions for the months of June through November 2002 on Pension Account Number 314443 and for the months of May through November 2002 on Pension Account Number 314477, based upon unaudited financial information. The Court allows plaintiff to reserve its right to audit the defendant employer for any periods not previously audited, including the time period referred to above. Entry of the Judgment has no effect whatsoever on either (a) plaintiff's right to audit defendant and collect by subsequent legal action any sum found thereby to be due, or (b) plaintiff's right to collect by subsequent legal action any sums found to be due for any time period other than the one referred to above. [ Page 1]

20030815

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