Construction Laborers Trust Funds for Southern California Administrative Company v. Precision Masonry Builders, Inc., et al

Justia Dockets & Filings Ninth Circuit California Central District Construction Laborers Trust Funds for Southern California Administrative Company v. Precision Masonry Builders, Inc., et al

Construction Laborers Trust Funds for Southern California Administrative Company v. Precision Masonry Builders, Inc., et al

Plaintiff:	Construction laborers Trust Funds for Southern California Administrative Company
Defendant:	Precision Masonry Builders, Inc. and Suretec Indemnity Company
Case Number:	2:2016cv04358
Filed:	June 17, 2016
Court:	US District Court for the Central District of California
Presiding Judge:	Alexander F. MacKinnon
Presiding Judge:	Otis D. Wright
Nature of Suit:	Labor: E.R.I.S.A.

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Date Filed	Document Text
March 19, 2018	Filing 71 ORDER GRANTING PLAINTIFFS MOTION FOR DEFAULT JUDGMENT 65 by Judge Otis D. Wright, II: The Court GRANTS Plaintiffs Motion for Entry of Final Default Judgment. Additionally, the Court finds that the plaintiff is entitled to a Final Order for Account ing and ORDERS Defendants to submit to an audit of Precisions payroll and business records, as outlined above. Defendants, jointly and severally, shall pay Plaintiff the following amounts: $81,969.24 against Precision Masonry Builders, Inc., con sisting of: $1,387.33 in fringe benefit contributions; $29,505.61 in liquidated damages; $720.00 in audit fees; $41,092.55 in interest; $48,175.00 in attorneys fees; and $1,088.75 in costs. $81,249.24 against Kerr yAnne Anzalone, and Blase Anzalone, Jr., consisting of: $1,387.33 in fringe benefit contributions; $29,505.61 in liquidated damages; $1,092.55 in interest; $48,175.00 in attorneys fees; and $1,088.75 in costs.The Court ORDERS Plaintiff to submit a proposed judgment consistent with this order no later than March 26, 2018. (lc) Modified on 3/19/2018 (lc).
October 17, 2016	Filing 25 ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Otis D. Wright, II. On June 17, 2016, Plaintiff filed a complaint alleging that Defendant Precision Masonry Builders failed to make the requisite retirement b enefit contributions under the governing labor contract. (Compl. 1, ECF No. 1 .) Despite being properly served, Defendant has not filed an answer. (ECF No. 9 .) On August 1, 2016, the Clerk of Court entered default against Defendant Precision Mason ry Builders at Plaintiff's request. (ECF No. 17 .) However, Plaintiff has not filed a motion for default judgment with the Court. Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE, in writing, no later than October 31, 2016, why the Court should not dismiss this action without prejudice for lack of prosecution. No hearing will be held. Failure to file a timely written response to this Order will result in the dismissal of the action without prejudice without further warning from the Court. IT IS SO ORDERED. (jy)

Date Filed

Document Text

March 19, 2018

Filing 71 ORDER GRANTING PLAINTIFFS MOTION FOR DEFAULT JUDGMENT 65 by Judge Otis D. Wright, II: The Court GRANTS Plaintiffs Motion for Entry of Final Default Judgment. Additionally, the Court finds that the plaintiff is entitled to a Final Order for Account ing and ORDERS Defendants to submit to an audit of Precisions payroll and business records, as outlined above. Defendants, jointly and severally, shall pay Plaintiff the following amounts: $81,969.24 against Precision Masonry Builders, Inc., con sisting of: $1,387.33 in fringe benefit contributions; $29,505.61 in liquidated damages; $720.00 in audit fees; $41,092.55 in interest; $48,175.00 in attorneys fees; and $1,088.75 in costs. $81,249.24 against Kerr yAnne Anzalone, and Blase Anzalone, Jr., consisting of: $1,387.33 in fringe benefit contributions; $29,505.61 in liquidated damages; $1,092.55 in interest; $48,175.00 in attorneys fees; and $1,088.75 in costs.The Court ORDERS Plaintiff to submit a proposed judgment consistent with this order no later than March 26, 2018. (lc) Modified on 3/19/2018 (lc).

October 17, 2016

Filing 25 ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Otis D. Wright, II. On June 17, 2016, Plaintiff filed a complaint alleging that Defendant Precision Masonry Builders failed to make the requisite retirement b enefit contributions under the governing labor contract. (Compl. 1, ECF No. 1 .) Despite being properly served, Defendant has not filed an answer. (ECF No. 9 .) On August 1, 2016, the Clerk of Court entered default against Defendant Precision Mason ry Builders at Plaintiff's request. (ECF No. 17 .) However, Plaintiff has not filed a motion for default judgment with the Court. Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE, in writing, no later than October 31, 2016, why the Court should not dismiss this action without prejudice for lack of prosecution. No hearing will be held. Failure to file a timely written response to this Order will result in the dismissal of the action without prejudice without further warning from the Court. IT IS SO ORDERED. (jy)

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Plaintiff: Construction laborers Trust Funds for Southern California Administrative Company
Represented By:	Alexander Bernard Cvitan
Represented By:	Marsha Michiko Hamasaki
Represented By:	J David Sackman
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Defendant: Precision Masonry Builders, Inc.
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Defendant: Suretec Indemnity Company
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