Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California Arizona and Nevada et al v. Strong Man Services, Inc. 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. Strong Man Services, Inc. et al

Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California Arizona and Nevada et al v. Strong Man Services, Inc. et al

Plaintiff:	Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California Arizona and Nevada, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues, The Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, The Board of Trustees of the Sheet Metal Workes Local 88 Section 401 K Plan, The Local 88 Industry Stabilization Program, The Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund Inc and The Sheet Metal Workers Local 88 Retiree Health Plan
Defendant:	John Frederick Capurro, Jason Russell Hales, Strong Man Services Inc and The SMACNA of Southern Nevada
Case Number:	2:2016cv04495
Filed:	June 21, 2016
Court:	US District Court for the Central District of California
Presiding Judge:	Steve Kim
Presiding Judge:	S. James Otero
Nature of Suit:	Labor: E.R.I.S.A.

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Date Filed	Document Text
June 4, 2021	Filing 21 ORDER AND JUDGMENT ON FOURTH SUPPLEMENTAL STIPULATION FOR JUDGMENT by Chief Judge Philip S. Gutierrez: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1.That the Company and Individual Defendants agree that they are indebted to the Plans in th e total amount of $303,419.66 as follows: contributions in the amount of $223,784.35 for the delinquent work months of July 2020 through September 2020; $44,756.87 in liquidated damages for late payment or nonpayment of contributions f or the work months of July 2020 through September 2020; $22,378.44 in interest for late payment or nonpayment of contributions for the work months of July 2020 through September 2020; and attorney's fees in the amount of $12,500.00. 2. Judgment is entered in favor of the Plans and against the Company and Individual Defendants, jointly and severally, in the amount of $303,419.66 for delinquent employee benefit plan 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. 3. This Order and Judgment on the Fourth Supplemental Stipulation for Judgment does not supersede or replace the prior Stip ulation for Judgment entered in this case on June 28, 2016, the Order on Stipulation for Judgment entered on July 1, 2016, the Supplemental Stipulation for Judgment entered in this case on August 28, 2017, the Order on Supplemental Stipulation for Ju dgment entered September 19, 2017, the Second Supplemental Stipulation for Judgment entered in this case on June 20, 2018, the Order and Judgment on Second Supplemental Stipulation for Judgment entered July 6, 2018, the Third Supplemental Stipulation for Judgment entered in this case on May 28, 2019, nor the Order and Judgment on Third Stipulation for Judgment entered in this case on June 5, 2020. 4. This Court retains jurisdiction over this matter through December 1, 2021 to enforce the terms o f any judgment entered hereunder, to order appropriate injunctive and equitable relief, to make appropriate orders of contempt, and to increase the amount of judgment based upon additional sums owed to the Plans by Defendants. IT IS SO ORDERED. (shb)
June 2, 2021	Filing 19 ORDER AND JUDGMENT ON FOURTH SUPPLEMENTAL STIPULATION FOR JUDGMENT 18 by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (1) That the Company and Individual Defendants agree that they are indebted to the Plans in the total amount of $303,419.66 as follows: contributions in the amount of $223,784.35 for the delinquent work months of July 2020 through September 2020; $44,756.87 in liquidated damages for late payment or nonpayment of contributions for the work months of July 2020 through September 2020; $22,378.44 in interest for late payment or nonpayment of contributions for the work months of July 2020 through September 2020; and attorney's fees in the amount of $12,500.00. (2) Judgment is entered in favor of the Plans and against the Company and Individual Defendants, jointly and severally, in the amount of $303,419.66 for delinquent employee benefit plan contributions, accrued liquidated damages, interest, attorney fees and costs, together with post-judgment interest thereon at the rate of 12 percent per annum as of the date of the Judgment. (See document for further information). (jp)

Date Filed

Document Text

June 4, 2021

Filing 21 ORDER AND JUDGMENT ON FOURTH SUPPLEMENTAL STIPULATION FOR JUDGMENT by Chief Judge Philip S. Gutierrez: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1.That the Company and Individual Defendants agree that they are indebted to the Plans in th e total amount of $303,419.66 as follows: contributions in the amount of $223,784.35 for the delinquent work months of July 2020 through September 2020; $44,756.87 in liquidated damages for late payment or nonpayment of contributions f or the work months of July 2020 through September 2020; $22,378.44 in interest for late payment or nonpayment of contributions for the work months of July 2020 through September 2020; and attorney's fees in the amount of $12,500.00. 2. Judgment is entered in favor of the Plans and against the Company and Individual Defendants, jointly and severally, in the amount of $303,419.66 for delinquent employee benefit plan 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. 3. This Order and Judgment on the Fourth Supplemental Stipulation for Judgment does not supersede or replace the prior Stip ulation for Judgment entered in this case on June 28, 2016, the Order on Stipulation for Judgment entered on July 1, 2016, the Supplemental Stipulation for Judgment entered in this case on August 28, 2017, the Order on Supplemental Stipulation for Ju dgment entered September 19, 2017, the Second Supplemental Stipulation for Judgment entered in this case on June 20, 2018, the Order and Judgment on Second Supplemental Stipulation for Judgment entered July 6, 2018, the Third Supplemental Stipulation for Judgment entered in this case on May 28, 2019, nor the Order and Judgment on Third Stipulation for Judgment entered in this case on June 5, 2020. 4. This Court retains jurisdiction over this matter through December 1, 2021 to enforce the terms o f any judgment entered hereunder, to order appropriate injunctive and equitable relief, to make appropriate orders of contempt, and to increase the amount of judgment based upon additional sums owed to the Plans by Defendants. IT IS SO ORDERED. (shb)

June 2, 2021

Filing 19 ORDER AND JUDGMENT ON FOURTH SUPPLEMENTAL STIPULATION FOR JUDGMENT 18 by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (1) That the Company and Individual Defendants agree that they are indebted to the Plans in the total amount of $303,419.66 as follows: contributions in the amount of $223,784.35 for the delinquent work months of July 2020 through September 2020; $44,756.87 in liquidated damages for late payment or nonpayment of contributions for the work months of July 2020 through September 2020; $22,378.44 in interest for late payment or nonpayment of contributions for the work months of July 2020 through September 2020; and attorney's fees in the amount of $12,500.00. (2) Judgment is entered in favor of the Plans and against the Company and Individual Defendants, jointly and severally, in the amount of $303,419.66 for delinquent employee benefit plan contributions, accrued liquidated damages, interest, attorney fees and costs, together with post-judgment interest thereon at the rate of 12 percent per annum as of the date of the Judgment. (See document for further information). (jp)

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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: International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues
Represented By:	Laurie A Traktman
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Plaintiff: The 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: The Board of Trustees of the Sheet Metal Workes Local 88 Section 401 K Plan
Represented By:	Laurie A Traktman
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Plaintiff: The Local 88 Industry Stabilization Program
Represented By:	Laurie A Traktman
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Plaintiff: The Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund Inc
Represented By:	Laurie A Traktman
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Plaintiff: The Sheet Metal Workers Local 88 Retiree Health Plan
Represented By:	Laurie A Traktman
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Defendant: John Frederick Capurro
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Defendant: Jason Russell Hales
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Defendant: Strong Man Services Inc
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Defendant: The SMACNA of Southern Nevada
Represented By:	Laurie A Traktman
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