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Southern California Lumber Industry Retirement Fund v. Aspen Interiors

August 31, 2009

SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND; SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND AND BOARD OF TRUSTEES FOR THE SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND AND SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND, PLAINTIFFS,
v.
ASPEN INTERIORS, INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Valerie Baker Fairbank

REVISED JUDGMENT PURSUANT TO STIPULATION FOR ENTRY OF JUDGMENT

Pursuant to Stipulation for Entry of Judgment and having considered the papers and arguments submitted, and good cause appearing;

IT IS HEREBY ORDERED that Plaintiffs, SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES, shall have judgment against ASPEN INTERIORS, INC., a California corporation, ("DEFENDANT") as follows:

AS TO SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES' FIRST CLAIM FOR RELIEF:

1. Unpaid contributions $27,882.40

2. Liquidated damages 60,472.14

3. Interest on the unpaid contributions pursuant to 29 U.S.C.A. 1132 (g)(2) (10 percent per annum) pursuant to the Trust Agreements from the due date to audit date 755.19

4. Audit Fees 600.00

5. Interest from due dates to August 31, 2009 (accruing at $7.74 per day) 2,916.64

6. Attorneys' fees 5,188.39 GRAND TOTAL $97,814.76

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 .45 % per annum.

AS TO SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN CALIFORNIA LUMBER INDUSTRY WELFARE FUND and BOARD OF TRUSTEES' SECOND CLAIM FOR RELIEF:

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 FUNDS, from failing to deliver or cause to be delivered to SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND, SOUTHERN ...


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