Opinion
2:23-cv-09039-CAS-MAAx
05-08-2024
SOUTHWEST MOUNTAIN STATES REGIONAL COUNCIL OF CARPENTERS, Petitioner, v. SABER INDUSTRIES, INC., and PROVIDENCE VENTURE, INC. Respondents.
JUDGMENT CONFIRMING ARBITRATION AWARDS ISSUED BY ARBITRATOR LOUIS ZIGMAN IN FAVOR OF PETITIONER AND AGAINST SABER INDUSTRIES, INC., AND PROVIDENCE VENTURE, INC.
The Honorable Christina A. Snyder
Upon consideration of the contentions of Petitioner Southwest Mountain States Regional Council of Carpenters, now called Western States Regional Council of Carpenters, in open Court, and the failure of Respondents to appear through cormsei, this Cout having jurisdiction under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and good cause appearing therefore, IT IS HEREBY ORDERED AND ADJUDGED that the Award issued by Arbitrator Louis Zigman, Esq., dated July 31, 2022, finding that Saber Industries, Inc. (“Saber”), and Providence Ventine, Inc. (“PVI”), were alter egos of one another from July 1, 2016, to March 16, 2020, is hereby confirmed in its entirety.
IT IS HEREBY ORDERED AND ADJUDGED that the Award issued by Arbitrator Zigman, Esq., dated September 28, 2023, on the remedy as to the alter ego finding is hereby confirmed in its entirety. In relevant part, the Arbitrator ordered as follows: “Saber/PVI shall pay the total of three hundred sixty-one thousand seven hundred and three dollars ($361,703.00) from the Saber audit. PVI shall submit for an audit for the period from July 1, 2016, to March 16, 2020.”
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California Civil Code Section 3289(a), Respondents must pay an interest at the rate of seven (7) percent per annum from the date of the arbitration award, as the relevant collective bargaining agr eement provides for this rate, and the Arbitrator's Award does not incorporate this post-Award interest.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that WESTERN STATES REGIONAL COUNCIL OF CARPENTERS has a judgment against SABER INDUSTRIES, INC., and PROVIDENCE VENTURE, INC., as follows:
1. Amormt owed due to the alter ego relationship from July 1, 2016, to March 16, 2020 $361,703.00
2. Interest of seven (7) percent per annum on $280,760.64, i.e., the portion of the award that represents delinquent contributions, exclusive of interest, liquidated damages, and audit fees, calculated from the date of the September 28, 2023 Award to the date of the confirmation of the Award on April 29, 2024, inclusive of that date. $ 11,576.57
TOTAL: $373,279.57
3. Plus costs to be determined after entry of Judgment, pursuant to Federal Rule of Civil Procedur e 54(d)
4. Plus post-Judgment interest per 28 U.S.C. § 1961
This Court retains jurisdiction for purposes of confirming and enforcing the Awards and any clarifications of the Court's Orders.
IT IS SO ORDERED.