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

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. ยง1961(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 ...


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