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Carpenters Southwest Administrative Corp. v. JP Drywall

May 7, 2009

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT ; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
JP DRYWALL, INC., A NEVADA CORPORATION, DOING BUSINESS AS JP DRYWALL, AND ALSO DOING BUSINESS AS J P DRYWALL; JAMES FREDERICK PAPOLA, AN INDIVIDUAL, ALSO KNOWN AS J. PAPOLA; WESTERN INSURANCE COMPANY, A NEVADA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable George H. WU United States District Judge

AMENDED JUDGMENT

Before the Honorable George H. Wu

DATE: March 30, 2009 TIME: 8:30 a.m. CTRM: 10

This case came for hearing on March 30, 2009 before the Honorable George H. Wu, United States District Court Judge.

It appearing that defendants, JP DRYWALL, INC., a Nevada corporation, doing business as JP DRYWALL, and also doing business as J P DRYWALL and JAMES FREDERICK PAPOLA, an individual, also known as J. PAPOLA, having been regularly served with process, having failed to plead or otherwise defend this action and their 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 JP DRYWALL, INC., a Nevada corporation, doing business as JP DRYWALL, and also doing business as J P DRYWALL:

1. Unpaid contributions $40,225.27

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 billing date (April 25, 2008) 8,624.28

3. Audit Fees 1,249.14

4. Interest from billing date to March 30, 2009 (accruing at $7.82 per day) 2,611.88

5. Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C) (double interest on contributions) 11,236.16

6. Attorneys' fees pursuant to Local Rule 55-3 3,603.95 GRAND ...


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