Opinion
CASE NO. CV11-10032-GAF (AJWx)
08-02-2012
THE BOARD OF TRUSTEES OF THE JOINT COUNCIL OF TEAMSTERS NO. 42 WELFARE TRUST FUND, Plaintiff, v. FOASBERG LAUNDRY AND CLEANERS, INC., a California corporation, and DOES 1 through 10, inclusive, Defendant.
Kathryn J. Halford (State Bar No.68141) Sally S. Frontman (State Bar No. 227735) WOHLNER KAPLON PHILLIPS YOUNG & CUTLER Attorneys for Plaintiff, the Board of Trustees of the Joint Council of Teamsters No. 42 Health and Welfare Trust Fund
JS-6
Kathryn J. Halford (State Bar No.68141)
Sally S. Frontman (State Bar No. 227735)
WOHLNER KAPLON PHILLIPS
YOUNG & CUTLER
Attorneys for Plaintiff, the Board of Trustees of the
Joint Council of Teamsters No. 42 Health and Welfare
Trust Fund
Hon. Gary A. Feess
SECOND AMENDED
JUDGMENT
[Fed. R. Civ. P. 55(b); L.R. 55-1]
Roybal Federal Building 255 East Temple Street Los Angeles, CA 90012
Date Filed: 12/02/2011
This case came for hearing on July 20, 2012, before the Honorable Gary A. Feess, United States District Court Judge.
It appearing that defendant, FOASBERG LAUNDRY AND CLEANERS, INC., a California corporation ("Defendant"), having been regularly served with process and having failed to answer or otherwise respond to the complaint filed in this action, and default having been entered on March 9, 2012; on application of plaintiff, THE BOARD OF TRUSTEES ("Plaintiff") OF THE JOINT COUNCIL OF TEAMSTERS NO. 42 WELFARE TRUST FUND ("Trust") to the Court and after having considered the papers and arguments submitted in support thereof, and good cause appearing therefore,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff shall have judgment in the amount of $15,788.66, as follows:
AS TO PLAINTIFF'S FIRST, SECOND AND THIRD CLAIMS FOR RELIEF AGAINST FOASBERG LAUNDRY AND CLEANERS, INC., a California corporation: 1. Unpaidcontributions . . . . . . . . . . . . . . . . . . $6,480.00 2. Liquidateddamages . . . . . . . . . . . . . . . . . . $2,227.80 3. Interest through 06/25/12 . . . . . . . . . . . . . . . . . . $466.28 4. Attorneyfees . . . . . . . . . . . . . . . . . . $5,995.00 5. Costs ................................................ . . . . . . . . . . . . . . . . . . $619.58 TOTAL . . . . . . . . . . . . . . . . . . $15,788.66 Pursuant to 28 U.S.C. §1961(a), this judgment shall bear interest at the rate of .17% per annum.
AS TO PLAINTIFF'S FOURTH CLAIM FOR RELIEF AGAINST FOASBERG LAUNDRY AND CLEANERS, INC., a California corporation:
1. For issuance of both preliminary and permanent injunctions restraining and enjoining Defendant for so long as Defendant remains bound to make contribution payments to the Trust from failing to deliver or cause to be delivered to Plaintiff no later than the 20th day of the month following the month in which the work was performed:
a. A complete, truthful, and accurate trust fund report covering all employees of Defendant employed during the previous month under CBA and Trust Agreement;
b. A declaration from a responsible employee of Defendant attesting from his or her personal knowledge under pain and penalties of perjury to the completeness, truthfulness, and accuracy of the report; and
c. A check or draft for the full amount owing to the Trust for each employee performing covered work.
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HON. GARY A. FEESS
UNITED STATES DISTRICT COURT JUDGE
CENTRAL DISTRICT OF CALIFORNIA