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

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

Plaintiff:	Board of Trustees of the Sheet Metal Workers Pension Plan of Southern California, Arizona and Nevada, 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 Workers 401A Plan, Board of Trustees of the Sheet Metal Workers Health Plan of Southern California, Arizona and Nevada, Board of Trustees of The Sheet Metal Workers International Association Local Union No 105 Union Dues Check-Off Fund and Board of Trustees of The Sheet Metal Industry Fund of Los Angeles
Defendant:	Baburaj Ganga Dharan, Frank Eugene Morgan, Precision Climate Control Inc and Thrisia John Thottil
Case Number:	8:2012cv00061
Filed:	January 13, 2012
Court:	US District Court for the Central District of California
Presiding Judge:	Jean P Rosenbluth
Presiding Judge:	Josephine Staton Tucker
Nature of Suit:	Labor: E.R.I.S.A.

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Date Filed	Document Text
May 23, 2012	Filing 14 JUDGMENT by Judge Josephine Staton Tucker,IT IS ORDERED, ADJUDGED AND DECREED: 1. The Company and the Individual Defendant, Frank Eugene Morgan, are indebted to the Plans in the total amount of $46,432.68 broken down as follows: contributions (i ncluding the "Savings Deferral" which are wages deducted from employee paychecks) in the amount of $28,749.76 for the delinquent work months of September 2011 ($8,460.41), October 2011 ($3,489.43), November 2011 ($5,094. 56) and December 2011 ($11,705.36); contributions and liquidated damages pursuant to an audit discrepancy in the amount of $1,156.99 for the audit period of July 2007 through July 2011; liquidated damages for late payment of contributions i n the amount of $5,749.95; $400.00 in late filing fees; interest in the amount of $2,874.98 and attorney's fees in the amount of $7,500. 2. Judgment is entered in favor of the Plans and against the Company and Individual Defe ndant, jointly and severally, in the amount of $46,432.68 for delinquent employee benefit plan contributions pursuant to an audit, liquidated damages accrued pursuant to the audit discrepancy, late filing fees and accrued liquidated damages, int erest, 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 Court retains jurisdiction over this matter through December 31, 2012 to enforce the terms of this judgment, to order appropriate injunctive and equitable relief, to make appropriate orders of contempt, and to amend the judgment based on the terms of the Stipulation. (MD JS-6, Case Terminated). (rla)
April 12, 2012	Filing 8 (IN CHAMBERS)ORDER TO SHOW CAUSE by Judge Josephine Staton Tucker, RE DISMISSAL RETURNABLE: MAY 11, 2012: Counsel is hereby ordered to show cause in writing no later than May 11, 2012, why this case should not be dismissed pursuant to F.R.Civ.P. Rule 41, for lack of prosecution. No oral argument of this matter will be heard unless ordered by the Court. The Order to Show Cause will stand submitted upon the filing of an appropriate response. Counsel is advised that the Court will consider either t he filing of responsive pleadings to the complaint by all defendants in accordance with the Federal Rules of Civil Procedure and the Local Rules, and/or applications by plaintiffs for entry of clerk's default as to said defendants, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. (rla)

Date Filed

Document Text

May 23, 2012

Filing 14 JUDGMENT by Judge Josephine Staton Tucker,IT IS ORDERED, ADJUDGED AND DECREED: 1. The Company and the Individual Defendant, Frank Eugene Morgan, are indebted to the Plans in the total amount of $46,432.68 broken down as follows: contributions (i ncluding the "Savings Deferral" which are wages deducted from employee paychecks) in the amount of $28,749.76 for the delinquent work months of September 2011 ($8,460.41), October 2011 ($3,489.43), November 2011 ($5,094. 56) and December 2011 ($11,705.36); contributions and liquidated damages pursuant to an audit discrepancy in the amount of $1,156.99 for the audit period of July 2007 through July 2011; liquidated damages for late payment of contributions i n the amount of $5,749.95; $400.00 in late filing fees; interest in the amount of $2,874.98 and attorney's fees in the amount of $7,500. 2. Judgment is entered in favor of the Plans and against the Company and Individual Defe ndant, jointly and severally, in the amount of $46,432.68 for delinquent employee benefit plan contributions pursuant to an audit, liquidated damages accrued pursuant to the audit discrepancy, late filing fees and accrued liquidated damages, int erest, 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 Court retains jurisdiction over this matter through December 31, 2012 to enforce the terms of this judgment, to order appropriate injunctive and equitable relief, to make appropriate orders of contempt, and to amend the judgment based on the terms of the Stipulation. (MD JS-6, Case Terminated). (rla)

April 12, 2012

Filing 8 (IN CHAMBERS)ORDER TO SHOW CAUSE by Judge Josephine Staton Tucker, RE DISMISSAL RETURNABLE: MAY 11, 2012: Counsel is hereby ordered to show cause in writing no later than May 11, 2012, why this case should not be dismissed pursuant to F.R.Civ.P. Rule 41, for lack of prosecution. No oral argument of this matter will be heard unless ordered by the Court. The Order to Show Cause will stand submitted upon the filing of an appropriate response. Counsel is advised that the Court will consider either t he filing of responsive pleadings to the complaint by all defendants in accordance with the Federal Rules of Civil Procedure and the Local Rules, and/or applications by plaintiffs for entry of clerk's default as to said defendants, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. (rla)

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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. Precision Climate Control Inc et al
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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 Southern California Sheet Metal Joint Apprenticeship and Training Committee
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 Southern California Sheet Metal Workers 401A Plan
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: Board of Trustees of The Sheet Metal Workers International Association Local Union No 105 Union Dues Check-Off Fund
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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Defendant: Baburaj Ganga Dharan
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Defendant: Frank Eugene Morgan
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Defendant: Precision Climate Control Inc
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Defendant: Thrisia John Thottil
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