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Carpenters Southwest Administrative Corp. v. Mackey

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


April 14, 2009

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT CORPORATION; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
DAVID PAUL MACKEY, AN INDIVIDUAL, DOING BUSINESS AS DAVID MACKEY DRYWALL, A SOLE OWNERSHIP; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANT.

The opinion of the court was delivered by: Honorable Manuel L. Real

REVISED [PROPOSED] JUDGMENT

DATE: April 6, 2009

TIME: 10:00 a.m. CTRM: 8

This case came for hearing on April 6, 2009 before the Honorable Manuel L. Real, United States District Court Judge.

It appearing that defendants, DAVID PAUL MACKEY, an individual, doing business as DAVID MACKEY DRYWALL, a sole ownership, ("DEFENDANT") having been regularly served with process, having failed to plead or otherwise defend this action and its default having been entered; on application of the CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, to the Court and after having considered the papers and arguments submitted in support thereof, and good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS have judgment as follows:

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' FIRST CLAIM FOR RELIEF AGAINST DAVID PAUL MACKEY, an individual, doing business as DAVID MACKEY DRYWALL, a sole ownership:

1. Unpaid contributions $154,323.48

2. Liquidated damages based on original contributions 17,356.04

3. Audit Fees 3,711.00

4. Bank NSF charges 45.00

5. Attorneys' fees pursuant to Local Rule 55-3 7,221.64 GRAND TOTAL $182,657.16

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

7. Pursuant to 28 U.S.C. §1961(a), this judgment

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS'S SECOND CLAIM FOR RELIEF AGAINST DAVID PAUL MACKEY, an individual, doing business as DAVID MACKEY DRYWALL, a sole ownership:

1. For issuance of a permanent injunction restraining and enjoining DEFENDANT for so long as it remains bound to make any payments or contributions to the PLANS, from failing to deliver or cause to be delivered to CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, the following:

a. Complete, truthful and accurate Employers Monthly Reports to Trustees for the period January 2009 through the present,

b. A complete, truthful and accurate Employers Monthly Report to Trustees covering all employees of DEFENDANT, employed during the previous month under the AGREEMENT,

c. A declaration from a responsible employee of DEFENDANT, attesting from his or her personal knowledge under penalties of perjury to the completeness, truthfulness and accuracy for DEFENDANT's Monthly Report; and

d. Checks for the full amount shown as owing to each Trust on DEFENDANT's Monthly Report, payable as designated on the Monthly Report.

THE HONORABLE MANUEL L. REAL UNITED STATES DISTRICT JUDGE

20090414

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