Opinion
No. C-04-1143 SC.
September 23, 2004
ORDER RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
After review of Plaintiff Northwest Administrators' Motion for Summary Judgment as well as corresponding declarations, exhibits, and other records, and in light of Defendant's failure to file any opposition to the above motion, Plaintiff's Motion for Summary Judgment is hereby GRANTED.
It is hereby ORDERED and ADJUDGED that Plaintiff Northwest Administrators, Inc. recover from Defendant By the Bay Baking, Inc. as follows:
1. Principal Contributions $59,746.64 Liquidated damages $11,949.32
2. Interest $1,160.31 3. Attorneys' Fees $1,080.00 4. Costs $250.00 __________ TOTAL: $74,186.27
IT IS FURTHER ORDERED that the only issue raised in this proceeding through the date of this summary judgment is the failure of Defendant to pay known delinquent contributions for the time period June 2003 through July 2004, based upon unaudited financial information. The Court allows Plaintiff to reserve any existing right to audit Defendant 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's right to audit Defendant and collect by subsequent legal action any sum found thereby to be due, or (b) Plaintiff's right to collect by subsequent legal action any sums found to be due for any time period other than the one referred to above.
IT IS SO ORDERED.