Carpenters Southwest Administrative Corp. v. Jt Builders, Inc.

Full title: Carpenters Southwest Administrative Corporation, a California non-profit…

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

Date published: Aug 14, 2015

CV 13-5946 RSWL (RZx) (C.D. Cal. Aug. 14, 2015)

Opinion

Carpenters Southwest Administrative Corporation, a California non-profit corporation; and Board of Trustees for the Carpenters Southwest Trust, Plaintiffs, v. JT Builders, Inc., a Nevada corporation, doing business as JT Builders Millwork, Inc.; John Michael Trimmer, also known as John Trimmer, an individual; Corey James Trimmer, an individual; Platte River Insurance Company, a Nebraska company qualified to do business in California and Nevada; and Does 1 through 10, inclusive, Defendants. No. CV 13-5946 RSWL (RZx) United States District Court, C.D. California. August 14, 2015

          SECOND CORRECTED JUDGMENT NUNC PRO TUNC TO 4/24/2014

          RONALD S.W. LEW, Senior, District Judge.

         Having granted Plaintiffs Carpenters Southwest Administrative Corporation, a California corporation and the Board of Trustees for the Carpenters Southwest Trusts' (collectively, "Plaintiffs") Motion for Default Judgment against Defendants JT Builders, Inc., a Nevada corporation, doing business as JT Builders Millwork, Inc., and against John Michael Trimmer, also known as John Trimmer, an individual, judgment is hereby entered against Defendants JT Builders, Inc., a Nevada corporation, doing business as JT Builders Millwork, Inc. and John Michael Trimmer, also known as John Trimmer, an individual and in favor of Plaintiffs as follows:

         As to Plaintiffs' first claim for relief against Defendant JT Builders, Inc., a Nevada corporation, doing business as JT Builders Millwork, Inc. in the amount of $177, 690.12 for the following:

1. Unpaid contributions: $84, 597.51

2. Liquidated damages: $59, 408.62

3. Interest on the unpaid contributions pursuant to 29 U.S.C. § 1132(g)(2) (7 percent per annum) pursuant to the Trust Agreements from the due date to billing dates: $57.31

4. Audit Fees: $117.60

5. Interest from due dates to January 21, 2014: $27, 025.46

6. Attorneys' fees pursuant to L.R. 55-3: $6, 483.62

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 rate of 10% per annum.

         As to Plaintiffs' fourth claim for relief against Defendant John Michael Trimmer, also known as John Trimmer, an individual in the amount of $159, 651.66 for the following:

1. Balance on Personal Guarantee: $137, 074.15

2. Interest on the balance from March 31, 2012 to January 21, 2014 (accruing at $17.31 per day or 7 percent per annum): $16, 236.03

3. Attorneys' fees pursuant to Local Rule 55-3: $6, 341.48

4. Plus costs to be determined after entry of judgment.

5. Pursuant to 28 U.S.C. § 1961(a), this judgment shall bear interest at the rate of 10% per annum.

         IT IS SO ORDERED.