Opinion
Case No. EDCV 09-0076-VAP (CTx).
April 13, 2010
JUDGMENT
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that this Judgment is entered in favor of Plaintiffs Trustees of the Southern California IBEW-NECA Pension Plan, Trustees of the Southern California IBEW-NECA Health Trust Fund, Trustees of the Inland Empire IBEW-NECA Health Trust Fund, Trustees of the Los Angeles County Electrical Educational and Training Trust Fund, Trustees of the San Bernardino County Electrical Education and Training Trust Fund, Trustees of the National Electrical Benefit Fund, Trustees of the Southern California IBEW-NECA Labor-Management Cooperation Committee, Trustees of the Inland Empire Labor-Management Cooperation Committee, Trustees of the National IBEW-NECA Labor-Management Committee, Los Angeles Electrical Workers Credit Union, National Electrical Industry Fund, and the Administrative Maintenance Fund (collectively "Plaintiffs") against Defendant Denny Louis Lane ("Defendant" or "Lane"), doing business as JDL Power Systems. The Court orders that such judgment be entered.
The amount of damages ordered paid to Plaintiffs is $24,838.26, calculated as follows:
(a) $17,963.12 for unpaid DWM contributions;
(b) $3,641.78 in prejudgment interest; and
(c) $3,233.36 in liquidated damages.
In addition, Defendant is ordered to deliver or cause to be delivered to Plaintiffs or their authorized representative, no later than thirty (30) days from the date of entry of this judgment:
(a) Copies of all employee time cards, time slips, start slips, time sheets, payroll records and compensation records, which document the number of hours of work per day, including breaks, worked by each employee of Defendant, maintained in the course of Defendant's business for the time period from October 1, 2004 through the date of production;
(b) Copies of all Defendant's Quarterly Federal Tax Returns (Form 941) maintained in the course of Defendant's business for the time period October 1, 2004, through the date of production;
(c) Copies of all Federal Form W-2 Statements maintained in the course of Defendant's business, issued to Defendant's employees from October 1, 2004, through the date of production;
(d) Copies of all Federal Form W-3 Reconciliation of Income Tax Withheld and Transmittal of W-2 Forms maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(e) Copies of all Federal Form 1099 Miscellaneous Income Statements and Federal Form 1096 Reconciliation and Transmittal of 1099 Forms maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(f) Copies of all Quarterly State of California Tax Returns (DE-6 forms) maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(g) Copies of all cash disbursement journals, as provided for in the Master Agreements, maintained in the course of Defendant's business of Defendant, for the time period from October 1, 2004, through the date of production;
(h) Copies of all daily job logs maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(i) Copies of all weekly payroll registers, showing the name, type of work, number of hours of work, rate per hour and gross wages for each of Defendant's employees, maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(j) Copies of all foreman reports maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(k) Copies of all inspector logs maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
( l) Copies of all shift differential logs maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(m) Copies of all individual payroll ledgers, cancelled payroll checks, and payroll check stubs maintained in the course of Defendant's business, for the time period from October 1, 2004, through the date of production;
(n) Copies of all employee hour summaries prepared by or on behalf of any employees working for Defendant, from October 1, 2004, through the date of production;
(o) Copies of all daily job tickets of Defendant from October 1, 2004, through the date of production;
(p) Copies of all certified payroll reports for public projects documents submitted by Defendant, to any general contractor or public contracting agency, showing the name, type of work, number of hours of work, rate per hour, gross wages, beginning and ending date of work, and specific jobsite location with regard to each employee of Defendant, who performed work from October 1, 2004, through the date of production;
(q) Copies of all worker's compensation insurance forms and reports, including all supporting documentation and attachments that indicate the job class for all employees, maintained in the course of Defendant's business for the time period from October 1, 2004, through the date of production;
(r) Copies of all records documenting hours and earnings on a job-by-job basis for all jobs performed by Defendant from October 1, 2004, through the date of production; and
(s) Copies of any and all documents that evidence any work performed by any employees of Defendant, from October 1, 2004, through the date of production, pursuant to the letters of assent to the Master Agreements signed by Defendant in May 2003.IT IS SO ORDERED.