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Carpenters Southwest Administrative Corp. v. Henkel Acoustics and Specialties Co.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


July 2, 2010

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT ; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
HENKEL ACOUSTICS AND SPECIALTIES CO., AN ARIZONA CORPORATION FORMERLY KNOWN AS HENKEL BURKE BUILDING SPECIALTIES CO., AN ARIZONA CORPORATION; DAVID WAYNE HENKEL, AN INDIVIDUAL; LITA BURKE, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Gary A. Feess United States District Judge

[PROPOSED] JUDGMENT

Before the Honorable Gary A. Feess

DATE: June 7, 2010 TIME: 9:30 a.m. CTRM: 740

This case came for hearing on June 7, 2010 before the Honorable Gary A. Feess, United States District Court Judge.

It appearing that defendant, HENKEL ACOUSTICS AND SPECIALTIES CO., an Arizona corporation, formerly known as HENKEL BURKE BUILDING SPECIALTIES CO., an Arizona corporation, 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 AGAINST HENKEL ACOUSTICS AND SPECIALTIES CO., an Arizona corporation, formerly known as HENKEL BURKE BUILDING SPECIALTIES CO., an Arizona corporation as follows:

1. Unpaid contributions $205,662.89

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 May 10, 2010 (accruing at $39.78 per day) 29,308.23

3. Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C) (double interest on contributions) 29,308.23 Sub-Total $264,279.35

4. Attorneys' fees pursuant to Local Rule 55-3 7,748.46 GRAND TOTAL $272,027.81

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

6. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of 0.29 % per annum.

20100702

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