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Carpenters Southwest Administrative Corp. v. EA Environmental Construction

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


December 10, 2008

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT CORPORATION; AND FLOYD CLAY, AS A FIDUCIARY OF THE SOUTHWEST CARPENTERS HEALTH AND WELFARE TRUST, THE SOUTHWEST CARPENTERS PENSION TRUST, THE SOUTHWEST VACATION TRUST, AND THE SOUTHWEST CARPENTERS TRAINING FUND, PLAINTIFFS,
v.
EA ENVIRONMENTAL CONSTRUCTION, INC., A CALIFORNIA CORPORATION, FORMERLY KNOWN AS ENVIRONMENTAL ACOUSTICS, INC.; TSAFRIR AVIEZER, AN INDIVIDUAL; MARITZA LIBERTAD AVIEZER, AN INDIVIDUAL; AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION; HARTFORD FIRE INSURANCE COMPANY, A CONNECTICUT CORPORATION; AND DOES 1THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Florence-marie Cooper United States District Judge

JUDGMENT

Before the Honorable Florence-Marie Cooper Having considered the papers and arguments submitted, and good cause appearing;

IT IS HEREBY ORDERED that Plaintiffs, CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and FLOYD CLAY, shall have judgment as follows:

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and FLOYD CLAY'S FIRST CLAIM FOR RELIEF AGAINST EA BUILDERS, INC., a California corporation, formerly known as EA ENVIRONMENTAL CONSTRUCTION, INC., a California corporation, formerly known as ENVIRONMENTAL ACOUSTICS, INC.:

1. Unpaid contributions $541,187.68

2. Interest on the unpaid contributions pursuant to 29 U.S.C.A. 1132 (g)(2) (7 percent per annum) pursuant to the Trust Agreements from the due date to September 30, 2008 (accruing at $105.21 per day) 133,291.64

3. Audit Fees 5,090.00

4. Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C) (double interest on contributions) 133,291.64

5. Attorneys' fees pursuant to Local Rule 14.12 14,892.44

6. Less discrepancy disclosed in Bernard Kotkin's accounting report-2,823.21

7. Less interest on discrepancy-1,056.85

8. Less double interest on discrepancy-1,056.85 GRAND TOTAL $822,816.49

9. Plus costs to be determined after entry of judgment.

10. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of 10 % per annm.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and FLOYD CLAY'S FOURTH CLAIM FOR RELIEF AGAINST AMERICAN CONTRACTORS INDEMNITY COMPANY, a California corporation:

Payment on the contractors license bond in the amount of $4,000.00.

20081210

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