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Carpenters Southwest Administrative Corporation, A California v. Division Three Construction Services

March 4, 2011

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT CORPORATION; AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
DIVISION THREE CONSTRUCTION SERVICES, INC., A CALIFORNIA CORPORATION,DOING BUSINESS AS DIVISION THREE CONSTRUCTION, INC., ALSO DOING BUSINESS AS DIVISION THREE CONCRETE CONSTRUCTION SERVICES; DIVISION THREE CONCRETE, INC., A CALIFORNIA CORPORATION; STEVEN LEE FISHER, AN INDIVIDUAL; RANDALL RAYMOND KENDRICK, AN INDIVIDUAL; WESTERN SURETY COMPANY, A SOUTH DAKOTA CORPORATION; DEVELOPERS SURETY AND INDEMNITY COMPANY, AN IOWA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.



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

PATRICK T. CONNOR, Bar No. 89136 pconnor@deconsel.com MARGARET R. GIFFORD, Bar No. 118222 mgifford@deconsel.com DeCARLO, CONNOR & SHANLEY A Professional Corporation 533 S. Fremont Avenue, 9th Floor Los Angeles, California 90071-1706 Telephone: 213/488-4100 Telecopier: 213/488-4180 ATTORNEYS FOR PLAINTIFFS, CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS

GAF(DTBx)

JUDGMENT

Before the Honorable Gary A. Feess

DATE: March 7, 2011 TIME: 9:30 a.m. CTRM: 740

This case came for hearing on March 7, 2011 before the Honorable Gary A. Feess, United States District Court Judge.

It appearing that defendants, DIVISION THREE CONSTRUCTION SERVICES, INC., a California corporation, doing business as DIVISION THREE CONSTRUCTION, INC., also doing business as DIVISION THREE CONCRETE CONSTRUCTION SERVICES and DIVISION THREE CONCRETE, INC., a California 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 as follows:

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' FIRST CLAIM FOR RELIEF AGAINST DIVISION THREE CONSTRUCTION SERVICES, INC., a California corporation, doing business as DIVISION THREE CONSTRUCTION, INC., also doing business as DIVISION THREE CONCRETE CONSTRUCTION SERVICES:

1. Unpaid contributions $120,096.98

2. Liquidated damages 35,383.70

3. 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 4,034.55

4. Audit Fees 3,393.74

5. Interest from due dates to March 7, 2011 (accruing at $23.06 ...


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