Opinion
CASE NO. CV 11-04372 DDP(CWx)
09-16-2011
CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION, a California non-profit corporation; and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, Plaintiffs, v. ENTERPRISE DEVELOPER CORPORATION, a California corporation; and DOES 1 through 10, inclusive, Defendant.
PATRICK T. CONNOR, Bar No. 89136 GARRISON H. DAVIDSON, Bar No. 157426 DeCARLO, CONNOR & SHANLEY A Professional Corporation ATTORNEYS FOR PLAINTIFFS, CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS
PATRICK T. CONNOR, Bar No. 89136
GARRISON H. DAVIDSON, Bar No. 157426
DeCARLO, CONNOR & SHANLEY
A Professional Corporation
ATTORNEYS FOR PLAINTIFFS, CARPENTERS SOUTHWEST
ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES
FOR THE CARPENTERS SOUTHWEST TRUSTS
CLOSED
JUDGMENT
Before the Honorable Dean D. Pregerson
DATE: September 12, 2011
TIME: 10:00 a.m.
CTRM: 3
This case came for hearing on September 12, 2011 before the Honorable Dean D. Pregerson, United States District Court Judge.
It appearing that defendants, ENTERPRISE DEVELOPER CORPORATION, a California corporation, ("DEFENDANT") having been regularly served with process, having failed to plead or otherwise defend this action and its default having been entered; on application of the CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS, to the Court and after having considered the papers and arguments submitted in support thereof, and good cause appearing therefore,
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 CLAIM FOR RELIEF AGAINST ENTERPRISE DEVELOPER CORPORATION, a California corporation:
+-----------------------------------------------------------------------------+ ¦1. Unpaid contributions ¦$13,440.59¦ +------------------------------------------------------------------+----------¦ ¦2. Interest on the unpaid contributions pursuant ¦ ¦ ¦ ¦76.87 ¦ ¦to 29 U.S.C.A. 1132 (g)(2) (7 percent per annum) pursuant to the ¦ ¦ ¦Trust Agreements from the due date to billing dates ¦ ¦ +------------------------------------------------------------------+----------¦ ¦3. Audit Fees ¦1,066.80 ¦ +------------------------------------------------------------------+----------¦ ¦4. Interest from due dates to September 12, 2011 (accruing at ¦1,906.64 ¦ ¦$2.58 per day) ¦ ¦ +------------------------------------------------------------------+----------¦ ¦5. Interest pursuant to 29 U.S.C.A. 1132(g)(2)(C) (double interest¦1,983.51 ¦ ¦on contributions) ¦ ¦ +------------------------------------------------------------------+----------¦ ¦6. Attorneys' fees pursuant to Local Rule 55-3 ¦1,475.06 ¦ +------------------------------------------------------------------+----------¦ ¦GRAND TOTAL ¦$19,949.47¦ +------------------------------------------------------------------+----------¦ ¦7. Plus costs to be determined after entry of judgment. ¦ ¦ +------------------------------------------------------------------+----------¦ ¦8. Pursuant to 28 U.S.C. §1961(a), this judgment shall bear ¦ ¦ ¦interest at the current rate. ¦ ¦ +-----------------------------------------------------------------------------+
AS TO CARPENTERS SOUTHWEST ADMINISTRATIVE CORPORATION and BOARD OF TRUSTEES FOR THE CARPENTERS SOUTHWEST TRUSTS'S SECOND CLAIM FOR RELIEF AGAINST ENTERPRISE DEVELOPER CORPORATION, a California corporation:
For an order compelling DEFENDANT to submit its reports for the period April 2009 through March 2010, with payment for the fringe benefit contributions.
THE HONORABLE DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE