Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada et al v. Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevada et al

Justia Dockets & Filings Ninth Circuit California Central District Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada et al v. Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevada et al

Plaintiff:	Board of Trustees of the Southern California Sheet Metal Workers' 401(A) Plan, Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee, Board of Trustees of the Southern California Labor Management Cooperation Trust, Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada, Board of Trustees of the Sheet Metal Workers' Local 105 Retiree Health Plan, Board of Trustees of the Sheet Metal Industry Fund of Los Angeles, Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevada and Sheet Metal Workers International Association, Local Union No. 105 Union Dues Check-Off and Deferred Savings Fund
Defendant:	Henderson Mechanical Systems, Inc. and James Paul Lee, III
Case Number:	2:2014cv03996
Filed:	May 23, 2014
Court:	US District Court for the Central District of California
Presiding Judge:	Christina A. Snyder
Presiding Judge:	Ralph Zarefsky
Nature of Suit:	Labor: E.R.I.S.A.

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Date Filed	Document Text
January 5, 2015	Filing 10 ORDER ON STIPULATION FOR JUDGMENT by Judge Christina A. Snyder: Upon Stipulation 9 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants Henderson Mechanical Systems, Inc. ("Company") and James Paul Lee, III ("Individual Defend ant") are indebted to Plaintiffs Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada; Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevad a; Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee; Board of Trustees of the Sheet Metal Workers' Local 105 Retiree Health Plan; Board of Trustees of the Southern California Sheet Metal Worker s' 401(a) Plan; Sheet Metal Workers' International Association, Local Union No. 105 Union Dues Check-Off and Deferred Savings Fund; Board of Trustees of the Southern California Labor Management Cooperation Trust; and Board of Trustees of th e Sheet Metal Industry Fund of Los Angeles (collectively the Plans") in the total amount of $272,345.03 as follows: contributions (including the "Savings Deferral" which are wages deducted from employee paychecks) in the amount of $152,423.39 for the delinquent work months of July 2013 through November 2013 and January 2014 and April 2014 and June 2014 through April 2015; $27,532.78 in audit contributions conducted for the period of June 2009 through September 2013; $51,592.57 in liquidated damages for late payment or nonpayment of contributions for the work months of October 2009, March 2010 through December 2010, January 2011 through April 2011, July 2011, September 2011 through November 2011, January 20 12 through December 2012, February 2013 through October 2013 and December 2013, January 2014 through March 2014 and May 2014 through September 2014; $25,796.29 in interest for late payment or nonpayment of contributions for the work months of Oc tober 2009, March 2010 through December 2010, January 2011 through April 2011, July 2011, September 2011 through November 2011, January 2012 through December 2012, February 2013 through October 2013 and December 2013, January 2014 through March 2014 and May 2014 through September 2014; and attorney's fees in the amount of $15,000.00. Judgment is entered in favor of the Plans and against the Company and Individual Defendant, jointly and severally, in the amount of $272,345.03 for d elinquent employee benefit plan contributions, audit contributions, accrued liquidated damages, interest, attorney fees and costs, together with post-judgment interest thereon at the rate of 12% per annum as of the date of the Judgment. This Court retains jurisdiction over this matter through 9/15/2016. (MD JS-6, Case Terminated). (gk)

Date Filed

Document Text

January 5, 2015

Filing 10 ORDER ON STIPULATION FOR JUDGMENT by Judge Christina A. Snyder: Upon Stipulation 9 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants Henderson Mechanical Systems, Inc. ("Company") and James Paul Lee, III ("Individual Defend ant") are indebted to Plaintiffs Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada; Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevad a; Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee; Board of Trustees of the Sheet Metal Workers' Local 105 Retiree Health Plan; Board of Trustees of the Southern California Sheet Metal Worker s' 401(a) Plan; Sheet Metal Workers' International Association, Local Union No. 105 Union Dues Check-Off and Deferred Savings Fund; Board of Trustees of the Southern California Labor Management Cooperation Trust; and Board of Trustees of th e Sheet Metal Industry Fund of Los Angeles (collectively the Plans") in the total amount of $272,345.03 as follows: contributions (including the "Savings Deferral" which are wages deducted from employee paychecks) in the amount of $152,423.39 for the delinquent work months of July 2013 through November 2013 and January 2014 and April 2014 and June 2014 through April 2015; $27,532.78 in audit contributions conducted for the period of June 2009 through September 2013; $51,592.57 in liquidated damages for late payment or nonpayment of contributions for the work months of October 2009, March 2010 through December 2010, January 2011 through April 2011, July 2011, September 2011 through November 2011, January 20 12 through December 2012, February 2013 through October 2013 and December 2013, January 2014 through March 2014 and May 2014 through September 2014; $25,796.29 in interest for late payment or nonpayment of contributions for the work months of Oc tober 2009, March 2010 through December 2010, January 2011 through April 2011, July 2011, September 2011 through November 2011, January 2012 through December 2012, February 2013 through October 2013 and December 2013, January 2014 through March 2014 and May 2014 through September 2014; and attorney's fees in the amount of $15,000.00. Judgment is entered in favor of the Plans and against the Company and Individual Defendant, jointly and severally, in the amount of $272,345.03 for d elinquent employee benefit plan contributions, audit contributions, accrued liquidated damages, interest, attorney fees and costs, together with post-judgment interest thereon at the rate of 12% per annum as of the date of the Judgment. This Court retains jurisdiction over this matter through 9/15/2016. (MD JS-6, Case Terminated). (gk)

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Defendant: Henderson Mechanical Systems, Inc.
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Defendant: James Paul Lee, III
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Plaintiff: Board of Trustees of the Southern California Sheet Metal Workers' 401(A) Plan
Represented By:	Laurie A Traktman
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Plaintiff: Board of Trustees of the Southern California Sheet Metal Joint Apprenticeship and Training Committee
Represented By:	Laurie A Traktman
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Plaintiff: Board of Trustees of the Southern California Labor Management Cooperation Trust
Represented By:	Laurie A Traktman
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Plaintiff: Board of Trustees of the Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada
Represented By:	Laurie A Traktman
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Plaintiff: Board of Trustees of the Sheet Metal Workers' Local 105 Retiree Health Plan
Represented By:	Laurie A Traktman
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Plaintiff: Board of Trustees of the Sheet Metal Industry Fund of Los Angeles
Represented By:	Laurie A Traktman
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Plaintiff: Board of Trustees of the Sheet Metal Workers' Health Plan of Southern California, Arizona and Nevada
Represented By:	Laurie A Traktman
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Plaintiff: Sheet Metal Workers International Association, Local Union No. 105 Union Dues Check-Off and Deferred Savings Fund
Represented By:	Laurie A Traktman
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