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Carpenters Southwest Administrative Corporation, A California Non-Profit Corporation v. American Scaffold

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


November 22, 2011

CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, A CALIFORNIA NON-PROFIT CORPORATION;
AND BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, PLAINTIFFS,
v.
AMERICAN SCAFFOLD, A CALIFORNIA CORPORATION, DOING BUSINESS AS AMERICAN SCAFFOLD, INC.; WEST COAST SCAFFOLDING, INC., A CALIFORNIA CORPORATION, ALSO DOING BUSINESS AS AMERICAN SCAFFOLD, INC., ALSO DOING BUSINESS AS AMERICAN SCAFFOLD; SHAWN HUANG, AN INDIVIDUAL; ALVIN MCDONALD RUIS, JR., AN INDIVIDUAL; AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable James V. Selna United States District Judge

JUDGMENT

Before the Honorable James V. Selna

DATE: November 14, 2011 TIME: 1:30 p.m.

CTRM: 10C

Pursuant to the Court's Order Granting Plaintiffs' Motion for Default Judgment (Docket No. 28), the Court enters the following Judgment.

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 AND FOURTH CLAIMS FOR RELIEF AGAINST AMERICAN SCAFFOLD, a California corporation, doing business as AMERICAN SCAFFOLD, INC.:

1. Unpaid contributions (LaNell Decl. ¶ 19 & Ex. 8 (showing calculation of unpaid contributions).) $323,364.45

2. Liquidated damages (See, e.g., Nell Decl., Ex. 5 at Art. III, § 3 (authorizing 10% liquidated damages for untimely paid contributions under health and welfare trust agreement); id. Exs. 8-9 (showing calculation of total late and unpaid contributions at 10% liquidated damages rate).) 52,933.61

3. Interest on the unpaid contributions (See, e.g., Nell Decl., Ex. 5 at Art. III, § 3 (authorizing 7% interest on unpaid contributions and liquidated damages); id.

Ex. 10 (showing calculation of prejudgment interest). 30,960.25

4. Attorneys' fees: See Local Rule 55-3 (for judgments exceeding $100,000, $5,600 plus 2% of the amount of judgment exceeding $100,000, or $5,600 x (.02 x ($376,298.06-100,000)) = $5,600 5,525.96 = $11,125.96). 11,125.96 GRAND TOTAL $418,384.27

5. Plus costs to be determined after entry of judgment pursuant to the procedure set forth in Local Rule 54.4.

6. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week ending November 10, 2011.*fn1

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' THIRD CLAIM FOR RELIEF AGAINST AMERICAN SCAFFOLD, a California corporation, doing business as AMERICAN SCAFFOLD, INC.:

1. For issuance of a permanent injunction restraining and enjoining AMERICAN SCAFFOLD for so long as it remains bound to make any payments or contributions to the PLANS, from failing to deliver or cause to be delivered to CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, the following:

a. Complete, truthful and accurate Employers Monthly Reports to Trustees for the period September 2011 through the present,

b. A complete, truthful and accurate Employers Monthly Report to Trustees covering all employees of AMERICAN SCAFFOLD, employed during the previous month under the AGREEMENTS,

c. A declaration from a responsible employee of AMERICAN SCAFFOLD, attesting from his or her personal knowledge under penalties of perjury to the completeness, truthfulness and accuracy for AMERICAN SCAFFOLD's Monthly Report; and

d. Checks for the full amount shown as owing to each Trust on AMERICAN SCAFFOLD's Monthly Report, payable as designated on the Monthly Report.

AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS' FOURTH CLAIM FOR RELIEF AGAINST ALVIN McDONALD RUIS, JR., an individual:

1. Balance on Personal Guarantee $197,429.54 (See Gifford Decl. Ex. 12 (personal guarantee); id. Ex. 14 (balance remaining).)

2. Interest on the balance (Id.) 13,164.37

3. Attorneys' fees pursuant to Local Rule 55-3 $5,600 x (.02 x ($197,429.54 - $100,000)) = $5,600 1,948.59 = $7,548.59 7,548.59

GRAND TOTAL $218,142.50

4. Plus costs to be determined after entry of judgment pursuant to the procedure set forth in Local Rule 54.4.

5. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week ending November 10, 2012.

Certain amounts above are duplicative. Specifically, Defendant Ruis executed a personal guarantee for amounts owed by Defendant American Scaffold that have been reduced to judgment herein. (Compare Gifford Decl. Ex. 11 (showing personal guarantee for contributions for time periods September 2008, November through December 2008, February 2009 through June 2009, December 2009, and January through June 2010) with LaNell Decl. Ex. 8 (showing calculations as including these same time periods). This judgment shall not be executed in a manner that effectuates a double recovery for the same contributions or interest thereon.

IT IS SO ORDERED.

Presented by,

DeCARLO, CONNOR & SHANLEY A Professional Corporation By: /s/ Margaret R. Gifford 11/15/11 MARGARET R. GIFFORD Attorney for Plaintiffs


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