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Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern v. Mcclanahan

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 7, 2013

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; SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 105 UNION DUES CHECK-OFF AND DEFERRED SAVINGS FUND; BOARD OF TRUSTEES OF THE SOUTHERN CALIFORNIA LABOR MANAGEMENT COOPERATION TRUST; BOARD OF TRUSTEES OF THE SHEET METAL INDUSTRY FUND OF LOS ANGELES, PLAINTIFFS,
v.
MCCLANAHAN, INC. DBA HARTMANAIRE; JERRY MCCLANAHAN; AND CINDY MCCLANAHAN, INDIVIDUALS, DEFENDANTS.

The opinion of the court was delivered by: Hon. Philip S. Guiterrez

[PROPOSED] 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"); Sheet Metal Workers' International Association, Local Union No. 105 Union Dues Check-Off and Deferred Savings Fund ("Dues and Savings Fund"); Board of Trustees of the Southern California Labor Management Cooperation Trust ("LMCT"); and Board of Trustees of the Sheet Metal Industry Fund of Los Angeles ("Industry Fund") (collectively the "Plans" or "Trust Funds"), and defendants, JERRY MCCLANAHAN and CINDY MCCLANAHAN (collectively, "Individual Defendants"); and MCCLANAHAN, INC. DBA HARTMANAIRE ("Company") (collectively "Defendants"), 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. That the Company and Individual Defendants, JERRY MCCLANAHAN and CINDY MCCLANAHAN, are indebted to the Plans in the total amount of $47,826.36 as follows: contributions (including the "Savings Deferral" which are wages deducted from employee paychecks) in the amount of $17,705.37 for the delinquent work month of August 2012; $15,080.66 in liquidated damages for late payment or nonpayment of contributions for the work months of July 2009, September 2009 through December 2009, January 2010 through July 2010, October 2010 through December 2010, January 2011 through May 2011, July 2011, May 2012, July 2012 and August 2012; $7,540.33 in interest for late payment or nonpayment of contributions for the work months of July 2009, September 2009 through December 2009, January 2010 through July 2010, October 2010 through December 2010, January 2011 through May 2011, July 2011, May 2012, July 2012 and August 2012; and attorney's fees in the amount of $7,500.

2. Judgment is entered in favor of the Plans and against the Company and Individual Defendant, jointly and severally, in the amount of $47,826.36 for delinquent employee benefit plan contributions and accrued 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 July 1, 2013 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.

Dated:

Hon. Philip S. Guiterrez

20130107

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