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

Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada et al v. Ideal Mechanical, 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 Workers Local 88 Section 401(K) Plan, The Local 88 Industry Stabilization Program, The SMACNA of Southern Nevada Trades Program, The Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc. and The Sheet Metal Workers Local 88 Retiree Health Plan
Defendant:	James Richard Broughton, Ideal Mechanical, Inc., Catherine Anne Vuckovic and Frank S. Vuckovic
Case Number:	2:2018cv01235
Filed:	February 14, 2018
Court:	US District Court for the Central District of California
Presiding Judge:	Paul L. Abrams
Presiding Judge:	Otis D. Wright
Nature of Suit:	Other

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Date Filed	Document Text
July 1, 2019	Filing 12 ORDER AND JUDGMENT ON SUPPLEMENTAL STIPULATION FOR JUDGMENT 11 by Judge Otis D. Wright, II :Defendants, FRANK S. VUCKOVIC; CATHERINE ANNE VUCKOVIC; andJAMES RICHARD BROUGHTON (collectively Individual Defendants"); andIDEAL MECHANICAL, INC.(Comp any) (Defendant FRANK S. VUCKOVIC is now deceased and is not therefore included in this Order): That the Company and Individual Defendants are indebted to the Plans in the total amount of $188,262.53 as follows: contributions in the amount of &# 036;129,432.72 for the work months of March 2019 through May 2019; $25,886.54 in liquidated damages for late payment or nonpayment of contributions for the work months of March 2019 through May 2019; $12,943.27 in interest for late payment or nonpayment of contributions for the work months of March 2019 through May 2019; and attorney's fees in the amount of $20,000.00.Judgment is entered in favor of the Plans and against the Company andIndividual Defendants, jointly and severally, in the amount of $188,262.53 forcontributions, 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. (lc)
February 21, 2018	Filing 10 ORDER AND JUDGMENT ON STIPULATION FOR JUDGMENT 9 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (1) That the Company and Individual Defendants are indebted to the Plans inthe total amount of $62,387.31 as f ollows: $41,572.76 in audit contributions conducted for the period of 6/1/2014 through 2/28/2017; $8,314.55 in liquidated damages and interest for late payment or nonpayment of the audit contributions for the for the period of 6/1/2014 thro ugh 2/28/2017; 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 $62,387.31 for audit contribution s, 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. (3) The Trust Funds can offset any benefits to which the Individual Def endants may be entitled by the amount noted in paragraph 1 above, less any credits. (4) The Court VACATES all pending dates and deadlines. (5) This Court retains jurisdiction over this matter through February 1, 2019 to enforce the terms of any judgm ent 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. (6) The Clerk of the Court shall close the case. (MD JS-6, Case Terminated). (jp)

Date Filed

Document Text

July 1, 2019

Filing 12 ORDER AND JUDGMENT ON SUPPLEMENTAL STIPULATION FOR JUDGMENT 11 by Judge Otis D. Wright, II :Defendants, FRANK S. VUCKOVIC; CATHERINE ANNE VUCKOVIC; andJAMES RICHARD BROUGHTON (collectively Individual Defendants"); andIDEAL MECHANICAL, INC.(Comp any) (Defendant FRANK S. VUCKOVIC is now deceased and is not therefore included in this Order): That the Company and Individual Defendants are indebted to the Plans in the total amount of $188,262.53 as follows: contributions in the amount of &# 036;129,432.72 for the work months of March 2019 through May 2019; $25,886.54 in liquidated damages for late payment or nonpayment of contributions for the work months of March 2019 through May 2019; $12,943.27 in interest for late payment or nonpayment of contributions for the work months of March 2019 through May 2019; and attorney's fees in the amount of $20,000.00.Judgment is entered in favor of the Plans and against the Company andIndividual Defendants, jointly and severally, in the amount of $188,262.53 forcontributions, 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. (lc)

February 21, 2018

Filing 10 ORDER AND JUDGMENT ON STIPULATION FOR JUDGMENT 9 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (1) That the Company and Individual Defendants are indebted to the Plans inthe total amount of $62,387.31 as f ollows: $41,572.76 in audit contributions conducted for the period of 6/1/2014 through 2/28/2017; $8,314.55 in liquidated damages and interest for late payment or nonpayment of the audit contributions for the for the period of 6/1/2014 thro ugh 2/28/2017; 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 $62,387.31 for audit contribution s, 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. (3) The Trust Funds can offset any benefits to which the Individual Def endants may be entitled by the amount noted in paragraph 1 above, less any credits. (4) The Court VACATES all pending dates and deadlines. (5) This Court retains jurisdiction over this matter through February 1, 2019 to enforce the terms of any judgm ent 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. (6) The Clerk of the Court shall close the case. (MD JS-6, Case Terminated). (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 Workers Local 88 Section 401(K) Plan
Represented By:	Laurie A Traktman
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Plaintiff: The Local 88 Industry Stabilization Program
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Plaintiff: The SMACNA of Southern Nevada Trades 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: James Richard Broughton
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Defendant: Ideal Mechanical, Inc.
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Defendant: Catherine Anne Vuckovic
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Defendant: Frank S. Vuckovic
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