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Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern v. Lam Air Mechanical

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 29, 2011

BOARD OF TRUSTEES OF THE SHEET METAL WORKERS' PENSION PLAN OF SOUTHERN CALIFORNIA, ARIZONA AND NEVADA; BOARD OF TRUSTEES OF THE SHEET METAL WORKERS' HEALTH PLAN OF SOUTHERN CALIFORNIA, ARIZONA AND NEVADA; BOARD OF TRUSTEES OF THE SOUTHERN CALIFORNIA SHEET METAL JOINT APPRENTICESHIP AND TRAINING COMMITTEE; BOARD OF TRUSTEES OF THE SHEET METAL WORKERS' LOCAL 105 RETIREE HEALTH PLAN; BOARD OF TRUSTEES OF THE SOUTHERN CALIFORNIA SHEET METAL WORKERS' 401(A) PLAN; BOARD OF TRUSTEES OF THE SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 105 UNION DUES CHECK-OFF FUND; AND BOARD OF TRUSTEES OF THE SHEET METAL INDUSTRY FUND OF LOS ANGELES, PLAINTIFFS,
v.
LAM AIR MECHANICAL, INC; CHARLES YEE-HING LAM AND JACQUELINE LAM, AS INDIVIDUALS, DEFENDANTS.

The opinion of the court was delivered by: Hon. A. Howard Matz

ORDER ON STIPULATION FOR JUDGMENT

Pursuant to the Stipulation by and between Plaintiffs Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada ("Pension Plan"); Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevada ("Health Plan"); Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee ("JATC"); Board of Trustees of the Sheet Metal Workers' Local 105 Retiree Health Plan ("Retirees Plan"); Board of Trustees of the Southern California Sheet Metal Workers' 401(a) Plan ("401(a) Plan"); Board of Trustees of the Sheet Metal Workers' International Association, Local Union No. 105 Union Dues Check-off Fund ("Dues Fund"); and Board of Trustees of the Sheet Metal Industry Fund of Los Angeles ("Industry Fund") (collectively the "Plans" or "Trust Funds"), and defendants CHARLES YEE-HING LAM and JACQUELINE LAM (collectively, "Individual Defendants") and LAM AIR MECHANICAL, INC. ("Company"), the Court has considered the matter fully and concluded that good cause exists to approve the parties' Stipulation in its entirety.

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. The Company and the Individual Defendants are indebted to the Plans in the total amount of $105,788.44, broken down as follows: contributions in the amount of $68,743.95 for the delinquent work months of October 2010 ($9,974.77), November 2010 ($7,215.41), December 2010 ($9,212.97), January 2011 ($8,066.94, February 2011 ($8,128.69), March 2011 ($7,253.00), April 2011 ($9,339.93), May 2011 ($8,174.44) and June 2011 ($1,377.80); liquidated damages for the work months of October 2010 through June 2011 in the amount of $13,748.79; interest in the amount of $8,249.27; audit discrepancy in the amount of $4,205.36; audit discrepancy liquidated damages in the amount of $841.07; and attorney's fees in the amount of $10,000.00.

2. Judgment is entered in favor of the Plans and against the Company and Individual Defendants, jointly and severally, in the amount of $105,788.44 for delinquent employee benefit plan contributions, liquidated damages, interest, attorney fees and costs, together with post-judgment interest thereon at the rate of 12% per annum as of the date of the Judgment.

3. This Court retains jurisdiction over this matter through December 1, 2012 to enforce the terms of any judgment entered hereunder, to order appropriate injunctive and equitable relief, to make appropriate orders of contempt, and to increase the amount of judgment based upon additional sums owed to the Plans by defendants.

IT IS SO ORDERED.

20110729

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