Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada et al v. Royal Metal Works, Inc. et al
| SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program, Local 88 Industry Stabilization Program, Sheet Metal Workers Local 88 Unified Construction Industry Council Fund, Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues, Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc., 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 Political Action League Fund, Sheet Metal Workers Local 88 Retiree Health Plan, SMACNA of Southern Nevada, Southern Nevada Air Conditioning and Shett Metal Contractors Association, Inc. and Trades Program |
| ROYAL METAL WORKS, INC. and William Paul Blazvick |
| 2:2021cv00334 |
| January 13, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Patricia Donahue |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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Filing 12
ORDER AND JUDGMENT ON SUPPLEMENTAL STIPULATION FOR JUDGMENT by Judge Andre Birotte Jr.: Upon Stipulation #11 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants Royal Metal Workers, Inc. ("Company") and William Paul Blazvick ("Individual Defendant") agree that they are indebted to Plaintiffs Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada (the "Pension Plan"); the Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada (the "Health Plan"); the Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan (the "401(k) Plan"); the Sheet Metal Workers Local 88 Retiree Health Plan (the "Retiree Fund"); the Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc. (the "JATC"); the Local 88 Industry Stabilization Program (the "Industry Stabilization Program"); the SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program ("Industry Fund") and International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues (the "Dues Fund"); Sheet Metal Workers Local 88 Unified Construction Industry Council Fund ("Unified Construction"); and International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund ("PAL") (collectively the "Plans" or "Trust Funds") in the total amount of $133,352.71 as follows: contributions in the amount of $73,276.72 for the work months of May 2021, July 2021 and September 2021; $30,050.66 in liquidated damages for late payment or nonpayment of contributions for the work months of March 2020, June 2020, October 2020, April 2021, May 2021, July 2021, August 2021 and September 2021; $15,025.33 in interest for late payment or nonpayment of contributions for the work months of March 2020, June 2020, October 2020, April 2021, May 2021, July 2021, and August 2021; 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 $133,352.71 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. See document for further details. (gk)
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| Filing 11 Supplemental STIPULATION for Judgment as to the Company and Individual Defendants indebted to the Plans in the total amount of $133,352.71 filed by Plaintiffs Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan, 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, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund, Local 88 Industry Stabilization Program, SMACNA of Southern Nevada, Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc., Sheet Metal Workers Local 88 Retiree Health Plan, Sheet Metal Workers Local 88 Unified Construction Industry Council Fund. (Attachments: #1 Proposed Order)(Traktman, Laurie) |
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Filing 10
ORDER AND JUDGMENT ON STIPULATION FOR JUDGMENT by Judge Andre Birotte Jr.: Upon Stipulation #9 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants Royal Metal Workers, Inc. ("Company") and William Paul Blazvick (Individual Defendant") agree that they are indebted to the Plans in the total amount of $246,442.94 as follows: contributions in the amount of $163,081.68 for the work months of August 2019, October 2019, and November 2019; $47,240.84 in liquidated damages for late payment or nonpayment of contributions for the work months of August 2017 through December 2017, January 2018 through March 2018, May 2018 through June 2018, June 2019 through November 2019; $23,620.42 in interest for late payment or nonpayment of contributions for the work months of August 2017 through December 2017, January 2018 through March 2018, May 2019 through June 2018, June 2019 through November 2019; and attorney's fees in the amount of $12,500.00. Judgment is entered in favor of Plaintiffs Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada; 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 Sheet Metal Workers Local 88 Retiree Health Plan; the Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc.; the Local 88 Industry Stabilization Program; the SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program and International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues; Sheet Metal Workers Local 88 Unified Construction Industry Council Fund; and International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund (collectively the "Plans" or "Trust Funds") and against the Company and Individual Defendant, jointly and severally, in the amount of $246,442.94 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. IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 30 days, to re-open the action if the judgment is not fully consummated. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. (MD JS-6, Case Terminated). (gk)
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| Filing 9 STIPULATION for Judgment as to the Company and Individual Defendant indebted to the Plans in the total amount of $246,442.94 filed by Plaintiffs Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan, 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, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund, Local 88 Industry Stabilization Program, SMACNA of Southern Nevada, Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc., Sheet Metal Workers Local 88 Retiree Health Plan, Sheet Metal Workers Local 88 Unified Construction Industry Council Fund. (Attachments: #1 Proposed Order)(Traktman, Laurie) |
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Filing 8
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants William Paul Blazvick, Royal Metal Works, Inc. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Patricia Donahue. (et) |
| Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71),,, #2 , Complaint (Attorney Civil Case Opening),,,,,,,,, #1 filed by Plaintiffs Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan, 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, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund, Local 88 Industry Stabilization Program, SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program, Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc., Sheet Metal Workers Local 88 Retiree Health Plan, Sheet Metal Workers Local 88 Unified Construction Industry Council Fund. (Traktman, Laurie) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Traktman, Laurie) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan, 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, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund, Local 88 Industry Stabilization Program, SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program, Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc., Sheet Metal Workers Local 88 Retiree Health Plan, Sheet Metal Workers Local 88 Unified Construction Industry Council Fund. (Traktman, Laurie) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30026814 - Fee: $402, filed by Plaintiffs Local 88 Industry Stabilization Program, Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan, SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program, Sheet Metal Workers Local 88 Unified Construction Industry Council Fund, Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues, Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada, Sheet Metal Workers Local 88 Retiree Health Plan, International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund, Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc.. (Attorney Laurie A Traktman added to party Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada(pty:pla), Attorney Laurie A Traktman added to party Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan(pty:pla), Attorney Laurie A Traktman added to party Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada(pty:pla), Attorney Laurie A Traktman added to party International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Dues(pty:pla), Attorney Laurie A Traktman added to party International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund(pty:pla), Attorney Laurie A Traktman added to party Local 88 Industry Stabilization Program(pty:pla), Attorney Laurie A Traktman added to party SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program(pty:pla), Attorney Laurie A Traktman added to party Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc.(pty:pla), Attorney Laurie A Traktman added to party Sheet Metal Workers Local 88 Retiree Health Plan(pty:pla), Attorney Laurie A Traktman added to party Sheet Metal Workers Local 88 Unified Construction Industry Council Fund(pty:pla))(Traktman, Laurie) |
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| Search for this case: Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada et al v. Royal Metal Works, Inc. et al | |
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| Plaintiff: SMACNA of Southern Nevada (aka Southern Nevada Air Conditioning & Sheet Metal Contractors' Association, Inc.) Trades Program | |
| Represented By: | Laurie A Traktman |
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| Plaintiff: Local 88 Industry Stabilization Program | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: Sheet Metal Workers Local 88 Unified Construction Industry Council Fund | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: Board of Trustees of the Sheet Metal Workers Local 88 Section 401(k) Plan | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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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 |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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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 |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: Sheet Metal Workers Local 88 Joint Apprenticeship and Training Fund, Inc. | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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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 |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: International Association of Sheet Metal Air, Rail and Transportation Workers Local Union No. 88 Political Action League Fund | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: Sheet Metal Workers Local 88 Retiree Health Plan | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: SMACNA of Southern Nevada | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: Southern Nevada Air Conditioning and Shett Metal Contractors Association, Inc. | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Plaintiff: Trades Program | |
| Represented By: | Laurie A Traktman |
| Represented By: | Steven M Rehaut |
| Represented By: | Benjamin Michael O'Donnell |
| Represented By: | Benjamin M O'Donnell |
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| Defendant: ROYAL METAL WORKS, INC. | |
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| Defendant: William Paul Blazvick | |
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