Walters v. Shaw/Guehnemann Corporation

Full title: KEN WALTERS, DON DOSER, in their respective capacities as Trustees of the…

Court: United States District Court, Ninth Circuit, California, N.D. California

Date published: Apr 15, 2004

C 03-04058 WHA (N.D. Cal. Apr. 15, 2004)

Opinion

KEN WALTERS, DON DOSER, in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; PENSION TRUST FUND FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE-APPRENTICESHIP, APPRENTICE, AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESERVATION TRUST FUND; and OPERATING ENGINEERS INDUSTRY STABILIZATION TRUST FUND, Plaintiffs, v. SHAW/GUEHNEMANN CORPORATION, a suspended California Corporation, and LENA P. SHAW, individually, Defendants. No. C 03-04058 WHA United States District Court, N.D. California. April 15, 2004

          JUDGMENT

          WILLIAM HASKELL ALSUP, District Judge.

         For the reasons stated in the accompanying order GRANTING IN PART and DENYING IN PART plaintiffs' motion for entry of default judgment, JUDGMENT IS HEREBY ENTERED solely against defendant Shaw/Guehnemann Corp. As to Ms. Shaw, plaintiffs have not established her individual liability.

         The Court hereby orders Shaw/Guehnemann Corp. to pay $4, 732.40 to plaintiffs for unpaid contributions, interest, liquidated damages, and attorney's fees and costs. In addition, the Court orders Shaw/Guehnemann Corp. to submit to an audit under the conditions expressed in the trust agreements. Plaintiffs shall not have the power to amend this Court's judgment following the audit. This Court retains jurisdiction over this case with regard to contributions and damages determined owed to plaintiffs during the audit. Following the audit, the parties shall meet and confer so as to settle the remaining amount due, if any. If the parties cannot agree on a final amount, plaintiffs may submit another claim for the amount owed.

         IT IS SO ORDERED.