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Bay Area Painters and Tapers Pension Trust Fund v. Young

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 28, 2009

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
v.
MICHAEL DAVID YOUNG, INDIVIDUALLY AND DBA YOUNG DRYWALL AKA M.D. YOUNG DRYWALL, DEFENDANT.

The opinion of the court was delivered by: Marilyn H. Patel The Honorable United States District Court

[PROPOSED] JUDGMENT

ORDER

Defendant, MICHAEL DAVID YOUNG, individually and dba YOUNG DRYWALL aka M.D. YOUNG DRYWALL, having failed to plead or otherwise defend in this action and its default having been entered,

Now, upon application of Plaintiffs and upon declaration that Defendant failed and refused to submit to an audit to determine whether full and timely payment has been made of amounts owed to Plaintiffs for hours worked by Defendant's employees during the period January 1, 2005 through the last day of Defendant's business operations, under their Collective Bargaining Agreement and Trust Agreements incorporated therein, the Defendant has been defaulted for failure to appear, and that Defendant is neither an infant nor incompetent person, nor in the military service of the United States, it is hereby

ORDERED, ADJUDGED AND DECREED that Defendant KENNETH MICHAEL WOLTER, individually and dba MICHAEL DAVID YOUNG, individually and dba YOUNG DRYWALL aka M.D. YOUNG DRYWALL shall promptly submit to an audit of its records for the period January 1, 2005 through the last day of Defendant's business operations, by scheduling within ten (10) days of the date of this Order, and keeping an appointment with Plaintiffs' auditor, in accordance with the auditors' availability; and by providing the necessary documents and allowing the auditor access to them on or before the scheduled audit date.

IT IS FURTHER ORDERED that Plaintiffs recover from Defendant the attorneys' fees of $1,177.00 to May 7, 2009 together with costs of $703.00 as well as all sums found on audit to be due and owing under the terms of the Collective Bargaining Agreement and Trust Agreements as amended and incorporated therein, according to proof; audit costs; as well as additional attorneys' fees and costs incurred in the implementation and satisfaction of this Judgment, according to proof 13 and upon declaration to the Court.

Order

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over this matter.

* Upon completion of the audit and/or a determination of the amount of contributions, penalties, interest and damages to which plaintiffs are entitled and submission of declaration(s) and exhibits the court will enter judgment on such amount and all attorneys' fee and costs will be ordered per declaration(s) and proof with such amounts being added to the judgment.

PROOF OF SERVICE

I, the undersigned, declare:

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 94104.

on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of each document in a sealed envelope with postage thereon fully prepaid, in a United States Post Young Drywall Michael David Young 7412 Baronnel Lane 7412 Baronnel Lane Sacramento, California 95628 Sacramento, California 95628 On May 8, 2009, I served the following document(s):

Office box in San Francisco, California, addressed as follows:

declaration was executed on this 8th day of May, 2009, at San Francisco, California.

I declare under penalty of perjury that the foregoing is true and correct and that this Vanessa de Fábrega NOTICE OF MOTION AND MOTION FOR DEFAULT JUDGMENT

20090728

© 1992-2009 VersusLaw Inc.



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