Opinion
NO.C 02 3557 SI
August 15, 2003
ERSKINE TULLEY, MICHAEL J. CARROLL (ST. BAR #50246), A PROFESSIONAL CORPORATION, San Francisco, CA, for Plaintiffs
ORDER AND DEFAULT JUDGMENT
Good cause appearing therefor, it is hereby ORDERED that default judgment be entered in favor of Plaintiff, BOARD OF TRUSTEES OF THE WESTERN STATES ASBESTOS PENSION FUND, WESTERN STATES ASBESTOS HEALTH PLAN; RON HOBBS, TRUSTEE, against defendant, INSULATION PERSONNEL, INC., a business organization, form unknown, as follows:
1. Principal Contributions $2,956.86
Liquidated Damages 3,284.92
2. Interest 423.41
3. Attorneys fees 925.00
4. Costs 400.00 TOTAL: $7,990.19ORDER AND DEFAULT JUDGMENT
IT IS FURTHER ORDERED AND ADJUDGED in light of the decision inInternational Union of Operating Engineers v. Richard D. Karr, No. 91-35846 (9th Cir. 1993), the only issue raised in this proceeding through the date of this default judgment is the failure of defendant to pay known delinquent contributions for the months of December 2001 through March 2003 based upon unaudited financial information. The Court allows plaintiff Trust Funds to reserve their rights to audit the defendant employer for any periods not previously audited, including the time period referred to above. Entry of this Judgment has no effect whatsoever on either (a) plaintiff Trust Funds' right to audit defendant and collect by subsequent legal action any sum found thereby to be due, or (b) plaintiff Trust Funds' right to collect by subsequent legal action any sums found to be due for any time period other than the one referred to above.