Opinion
CASE NO. 2:12-cv-01542-GMN-CWH
04-19-2013
TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS JOINT PENSION TRUST; TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS VACATION TRUST; AND TRUSTEES OF THE SOUTHERN NEVADA LABORERS LOCAL 872 TRAINING TRUST, Plaintiffs, v. DEMO & DOORS ENTERPRISES, a Nevada corporation, Defendant.
BROWNSTEIN HYATT FARBER SCHRECK, LLP Adam P. Segal Attorneys for the Trust Funds
Adam P. Segal. Esq.
Nevada Bar No. 6120
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 N. City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone: (702) 382-2101
Facsimile: (702) 382-8135
Attorneys for Plaintiffs
STIPULATED/CONSENT JUDGMENT
Demo & Doors Enterprises ("Employer"), hereby stipulates and consents to entry of judgment in favor of Plaintiffs. Trustees of the Construction Industry and Laborers Health and Welfare Trust, Trustees of the Construction Industry and Laborers Joint Pension Trust; Trustees of the Construction Industry and Laborers Vacation Trust and Trustees of the Southern Nevada Laborers Local 872 Training Trust (collectively "Trust Funds"), and against Employer in the total sum of $179,984 for delinquent employee benefit contributions, liquidated damages, interest, and attorney's fees and costs.
The parties have stipulated, and therefore the Court finds:
1. Employer is signatory to and bound by the terms of a collective bargaining agreement ("CBA") with the Laborers international Union of North America, Local No. 872 ("Union"), in which Employer agreed to abide by the trust agreements establishing the respective Trust Funds and any amendments thereto ("Trust Agreements").
2. Under the CBA and the Trust Agreements, Employer is obligated to pay employee benefit contributions to the Trust Funds on behalf of Employer's bargaining unit employees represented by the Union.
3. Based on remittance reports prepared and submitted by Employer for the months of January through March 2012, Employer owes the Trust Funds delinquent employee benefit contributions and resulting ancillary costs described in the next paragraph.
4. Employer owes the Trust Funds $138,543 in unpaid employee benefit contributions, past interest of $2,482 (through April 30, 2012), liquidated damages of $29,709, administrative fees of $3,000 and past attorney's fees of $1,250, for a total of $174,984.
5. In addition, in the event this judgment must be executed, the Trust Funds will incur additional fees and costs determined by the parties to be at least $5,000, which are therefore included herein.
6. This Stipulated/Consent Judgment is entered into by and between Employer and the Trust Funds for employee benefit contributions and related interest, costs and liquidated damages owed to the Trust Funds by Employer pursuant the Employee Retirement Income Security Act of 1974. BROWNSTEIN HYATT FARBER
SCHRECK, LLP
Adam P. Segal
Attorneys for the Trust Funds
Demo & Doors Enterprises ______________________
Print name and address:
______________________
JUDGMENT
Judgment is hereby entered against Employer and in favor of the Trust Funds in the amount of $179,984.
______________________
Gloria M. Navarro
United States District Judge