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Trustees of the Southern California Pipe Trades Health and Welfare v. Westwind Mechanical

September 27, 2011

TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES HEALTH AND WELFARE TRUST FUND, TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES RETIREMENT TRUST FUND, TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES DEFINED CONTRIBUTION TRUST FUND, TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES VACATION AND HOLIDAY TRUST FUND, TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES CHRISTMAS BONUS FUND, TRUSTEES OF THE APPRENTICE AND JOURNEYMAN TRAINING TRUST FUND, TRUSTEES OF THE PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND, AND TRUSTEES OF THE INTERNATIONAL TRAINING FUND, PLAINTIFFS,
v.
WESTWIND MECHANICAL, INC., A CALIFORNIA CORPORATION; PAUL SVANE, AN INDIVIDUAL;
AVI MOYAL, AN INDIVIDUAL; AND PAUL SVANE, AN INDIVIDUAL, DEFENDANTS.



ORDER RE: CONTEMPT AND SANCTIONS AND ORDER FOR APPEARANCE

The hearing on the order to show cause re contempt and for sanctions came on regularly in courtroom 840 of the above-entitled court on September 12, 2011. Denise E. Carter appeared for the Plaintiffs, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, et al. ("Trustees"). No appearances were made on behalf of Defendant, Paul Svane.

After full consideration of the evidence and good cause appearing,

IT IS HEREBY ORDERED THAT:

A. Paul Svane is in contempt of this Court.

B. Paul Svane shall, within fourteen (14) days after service of this Order, pay to Plaintiffs, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund; Trustees of the Southern California Pipe Trades Retirement Trust Fund; Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund; Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund; Trustees of the Southern California Pipe Trades Christmas Bonus Fund; Trustees of the Apprentice and Journeyman Training Trust Fund; Trustees of the Plumbers and Pipefitters National Pension Fund, and Trustees of the International Training Fund, Rule 37 sanctions in the amount of $819.00 as the reasonable expense incurred in obtaining this order. This amount shall be delivered to counsel for the Trustees.

C. Paul Svane is ordered to appear for a Judgment Debtor Examination to take place before United States Magistrate Judge Victor B. Kenton at 255 E. Temple Street, Los Angeles, CA 90012, Courtroom 590, at 10:30 a.m. on November 8, 2011.

IT IS FURTHER ORDERED that Paul Svane bring with him the following documents under his control, or under the control of his agents, attorneys or accountants (photocopies may be produced in lieu of originals):

1. All financial statements prepared by or on behalf of Paul Svane for the time period from January 1, 2010, through the present.

2. All financial statements prepared by or on behalf of Westwind Mechanical, Inc., for the time period from January 1, 2010 through the present.

3. All monthly bank statements of Paul Svane for all of his checking accounts and savings accounts for the time period from January 1, 2010, through the present.

4. All monthly bank statements of Westwind Mechanical, Inc., for all of its checking accounts and savings accounts for the time period from January 1, 2010, through the present.

5. All savings account, pass books, certificates of deposit and trust certificates in the name of Paul Svane for the time period from January 1, 2010, through the present.

6. All savings account, pass books, certificates of deposit and trust certificates in the name of Westwind Mechanical, Inc., for the time period ...


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