RAMCO CONCRETE CUTTING

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1 BARRY E. HINKLE, Bar No. 071223 PATRICIA A. DAVIS, Bar No. 179074 2 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 MANJARI CHAWLA, Bar No. 218556 3 WEINBERG, ROGER & ROSENFELD A Professional Corporation 4 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 5 Telephone 510.337.1001 Fax 510.337.1023 6 Attorneys for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 THE BOARD OF TRUSTEES, in their) No. CV-09-3565 SBA 11 capacities as Trustees of the LABORERS) HEALTH AND WELFARE TRUST FUND) 12 FOR NORTHERN CALIFORNIA;) AMENDED LABORERS VACATION-HOLIDAY TRUST) THIRD AMENDED DEFAULT 13 FUND FOR NORTHERN CALIFORNIA;) JUDGMENT LABORERS PENSION TRUST FUND FOR) 14 NORTHERN CALIFORNIA; and LABORERS) TRAINING AND RETRAINING TRUST) Date: April 13, 2010 15 FUND FOR NORTHERN CALIFORNIA,) Time: 1:00 p.m.) Courtroom: 1, 4th Floor 16 Plaintiffs,)) Honorable Sandra Brown Armstrong 17 v.)) 18 SUSAN GAIL BRENNAN, individually;) SUSAN GAIL BRENNAN, individually and) 19 doing business as RAMCO CONCRETE) CUTTING; STEPHEN LAWRENCE) 20 BRENNAN, individually; STEPHEN) LAWRENCE BRENNAN, individually and) 21 doing business as RAMCO CONCRETE) CUTTING; RAMCO CONCRETE CUTTING;) 22 and DOES 1 through 10,)) 23 Defendants.)) 24 25 This matter came on for hearing for entry of Judgment by Default against Defendants Susan 26 Gail Brennan, individually; Susan Gail Brennan, individually and doing business as Ramco 27 Concrete Cutting; Stephen Lawrence Brennan, individually; Stephen Lawrence Brennan, 28 individually and doing business as Ramco Concrete Cutting; and Ramco Concrete Cutting WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 Third Amended Proposed Default Judgment Case No. CV-09-3565 SBA 1 (hereinafter "Defendants"), on April 13, 2010. Per the Court's order, the parties were not required 2 to make an appearance. Having considered the pleadings and arguments in this matter, and good 3 cause appearing, this Court FINDS AS FOLLOWS: 4 1. The Complaint in this matter was filed with this Court on August 4, 2009. 5 2. The Complaint was mailed to Defendants on August 13, 2009, for which service 6 was deemed complete under CCP 415.20(a) on August 23, 2009, and for which proofs of service 7 were filed before this Court with the Summons on August 26, 2009; 8 3. That no answer or other responsive pleadings having been filed within the time 9 permitted by law, default was entered against the Defendants on October 13, 2009; 10 4. Defendants have been employers within the meaning of section 3(5) and section 515 11 of ERISA (29 U.S.C.§§1002(5), 1145) and employers in an industry affecting commerce within the 12 meaning of section 301 of the LMRA (29 U.S.C.§ 185). 13 5. The Court finds the allegations in the Complaint on file herein are true including the 14 fact that Defendants have been bound to a written Collective Bargaining Agreement with the 15 Northern California District Council of Laborers, a labor organization within the meaning of 16 LMRA§301, 29 U.S.C.§150. By virtue of becoming bound to the Collective Bargaining 17 Agreement, Defendants became subject to all the terms and conditions of the various Trust 18 Agreements referred to in the Complaint; 19 6. That Defendants failed to pay delinquent contributions in the amount of $19,639.49, 20 and liquidated damages and interest in the amount of $15,606.67; 21 7. That Defendants have failed, neglected or refused to submit to an audit as requested 22 by Plaintiffs pursuant to said Collective Bargaining Agreement and Trust Agreements. 23 24 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Judgment be 25 entered in favor of Plaintiffs and against Defendants as follows: 26 1. Defendants are ordered to pay $19,639.49 in principal contributions to the Trust 27 Funds; 28 2. Defendants are ordered to pay $15,606.67 in liquidated damages and interest owed WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 -2- Alameda, CA 94501-1091 510.337.1001 Third Amended Proposed Default Judgment Case No. CV-09-3565 SBA 1 to the Trust Funds; 2 3. Defendants are ordered to submit to an audit by auditors selected by the Trust Funds 3 at Defendants' premises during business hours, or where the records are kept, at a reasonable time 4 or times, and to allow said auditors to examine and copy such books, records, papers, reports of 5 North Coast Contracting, relating to the time period beginning January 1, 2003 to the present, that 6 are relevant to the enforcement of the collective bargaining agreement or Trust Agreements, 7 including but not limited to the following: 8 Individual earning records (compensation); W-2 forms; 1096 and 1099 forms; reporting forms for all Trust Funds; State DE-3 tax reports; workers 9 compensation insurance report; employee time cards; payroll journal; quarterly payroll tax returns (form 941); check register and supporting cash 10 voucher; Form 1120- 1040 or partnership tax returns; general ledger – (portion relating to payroll audit); 11 12 4. Defendants are ordered to pay all amounts found due and owing as a result of said 13 audit of its books and records pursuant to the Trust Agreements; 14 5. The Court issues an injunction directing Defendants to submit to the Trust Funds, 15 all reports and contributions due and owing by Defendants pursuant to the Trust Agreements; 16 6. The Court issues an order directing and permanently enjoining Defendants for so 17 long as they remain obligated to contribute to the Trust Funds, from failing, neglecting, or refusing 18 to timely submit required monthly contributions reports and payments as required by the terms of 19 the collective bargaining agreements, Trust Agreements and ERISA sections 502(a)(3) and (g)(2), 20 (29 U.S.C.§1132(a)(3), (g)(2)); 21 7. Defendants are ordered to pay attorneys' fees in the amount of $4,362.50; 22 8. Defendants are ordered to pay costs in the amount of $1,585.70; and 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 -3- Alameda, CA 94501-1091 510.337.1001 Third Amended Proposed Default Judgment Case No. CV-09-3565 SBA 1 9. Defendants are ordered to pay interest on any amounts found due in an amount to be 2 determined consistent with 26 U.S.C. 6621. 3 4 DATED: 6/2/10 5 HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 6 122299/574319 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & 28 ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 -4- Alameda, CA 94501-1091 510.337.1001 Third Amended Proposed Default Judgment Case No. CV-09-3565 SBA