Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Carpenters Southwest Administrative Corp. v. JP Drywall

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


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 TOTAL $67,550.68

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

8. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of .53% per annum.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' SECOND CLAIM FOR RELIEF FOR DEFALCATION AGAINST JAMES FREDERICK PAPOLA, an individual, also known as J. PAPOLA:

1. Unpaid contributions $1,809.92

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 March 30, 2009 (accruing at $0.35 per day) 116.90

3. Attorneys' fees pursuant to Local Rule 55-3 392.68 GRAND TOTAL $2,319.50

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

5. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of .53% per annum.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' THIRD CLAIM FOR RELIEF AGAINST JP DRYWALL, INC., a Nevada corporation, doing business as JP DRYWALL, and also doing business as J P DRYWALL:

1. For issuance of a permanent injunction restraining and enjoining JP DRYWALL, INC., a Nevada corporation, doing business as JP DRYWALL, and also doing business as J P DRYWALL, ("CORPORATION"), 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 2007 through the present,

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

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

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

20090507

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.