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Construction Laborers Trust Funds For Southern California v. M1 and D1 Construction

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


March 28, 2012

CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
M1 AND D1 CONSTRUCTION, INC., A CORPORATION ALSO KNOWN AS AND DOING BUSINESS AS M & D LANDSCAPE, INC.; AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION; DOE 1 THROUGH DOE 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Consuelo B. Marshall, Judge OF The United States District Court For The Central District OF California

AND RELATED CROSS ACTIONS.

JUDGMENT PURSUANT TO STIPULATION

DISCOVERY CUT OFF: JUNE 30, 2012 PRE-TRIAL CONFERENCE: OCTOBER 1, 2012 TRIAL: NOVEMBER 6, 2012 PURSUANT TO THE STIPULATED SETTLEMENT AND STIPULATION FOR ENTRY OF SEVERAL JUDGMENT by and between the Plaintiff and CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, and the Defendant, M1 AND D1 #198972 v1 - proposed JUDGMENT PURSUANT TO STIP.wpd

CONSTRUCTION, INC., a corporation also known as and doing business as M & D LANDSCAPE, INC., and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: Judgment is entered in favor of the Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, a fiduciary, administrator, agent and assignee for collection to the LABORERS HEALTH AND WELFARE TRUST FUND FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA; CONSTRUCTION LABORERS VACATION TRUST FOR SOUTHERN CALIFORNIA; LABORERS TRAINING AND RE-TRAINING TRUST FUND FOR SOUTHERN CALIFORNIA; FUND FOR CONSTRUCTION INDUSTRY ADVANCEMENT; CENTER FOR CONTRACT COMPLIANCE; LABORERS CONTRACT ADMINISTRATION TRUST FUND FOR SOUTHERN CALIFORNIA, LABORERS TRUSTS' ADMINISTRATIVE TRUST FUND, SAN DIEGO COUNTY CONSTRUCTION LABORERS PENSION TRUST FUND; and SAN DIEGO CONSTRUCTION ADVANCEMENT FUND 2003 TRUST FUNDS ("TRUST FUNDS") and against Defendant, M1 AND D1 CONSTRUCTION, INC., a corporation also known as and doing business as M & D LANDSCAPE, INC. ("M&D LANSCAPE") for the principal sum of $76,198.05 covering the period from April 2010 through December 2011, plus $3,000.00 in attorneys fees for a total Judgment sum of $79,198.05.

The money judgment entered in this action is for known delinquencies covering the inclusive period from April 2010 through December 2011 and TRUST FUNDS' claim relating to the audit of EMPLOYER'S records covered the period through November 2011 only; therefore, as to the period after November 2011, entry of the money judgment in this action shall not be or operate as a bar and/or res judicata as to either the amount of delinquencies which may be discovered by any subsequent audit conducted by Plaintiff and/or the TRUST FUNDS' representatives and/or which may be disclosed through claims by employees, and in any action brought to recover the subsequently disclosed delinquencies after November 2011.

20120328

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