BOARD OF TRUSTEES v. VALLEY UTILITY SERVICES, INC.

No. 4:16-cv-02003-YGR.

THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Plaintiffs, v. VALLEY UTILITY SERVICES, INC., a California Corporation, et al., Defendants.

United States District Court, N.D. California.

October 6, 2017.

Editors Note
Applicable Law: 29 U.S.C. § 1132
Cause: 29 U.S.C. § 1132 E.R.I.S.A.: Employee Benefits
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

The Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for Nothern California, Plaintiff, represented by Barry E. Hinkle , Weinberg Roger & Rosenfeld.

The Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for Nothern California, Plaintiff, represented by Tracy Lynn Mainguy , Weinberg, Roger & Rosenfeld, Ryan Blake Kadevari , Weinberg Roger & Rosenfeld & Concepcion E. Lozano-Batista , Weinberg Roger & Rosenfeld.

The Board of Trustees, in their Capacities as Trustees of the Laborers Pension Trust Fund for Northern California, Plaintiff, represented by Barry E. Hinkle , Weinberg Roger & Rosenfeld, Tracy Lynn Mainguy , Weinberg, Roger & Rosenfeld, Ryan Blake Kadevari , Weinberg Roger & Rosenfeld & Concepcion E. Lozano-Batista , Weinberg Roger & Rosenfeld.

The Board of Trustees, in their Capacities as Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Plaintiff, represented by Barry E. Hinkle , Weinberg Roger & Rosenfeld, Tracy Lynn Mainguy , Weinberg, Roger & Rosenfeld, Ryan Blake Kadevari , Weinberg Roger & Rosenfeld, Concepcion E. Lozano-Batista , Weinberg Roger & Rosenfeld, Barry E. Hinkle , Weinberg Roger & Rosenfeld, Tracy Lynn Mainguy , Weinberg, Roger & Rosenfeld, Ryan Blake Kadevari , Weinberg Roger & Rosenfeld & Concepcion E. Lozano-Batista , Weinberg Roger & Rosenfeld.

The Board of Trustees, in their capacities as Trustees of the Laborers Training-Retraining/Apprenticeship Trust Fund for Northern California, Plaintiff, represented by Barry E. Hinkle , Weinberg Roger & Rosenfeld, Tracy Lynn Mainguy , Weinberg, Roger & Rosenfeld, Ryan Blake Kadevari , Weinberg Roger & Rosenfeld & Concepcion E. Lozano-Batista , Weinberg Roger & Rosenfeld.


[PROPOSED] JUDGMENT1

*AS MODIFIED BY THE COURT*

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Judgment is entered in favor of Plaintiffs THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA ("Trust Funds") and against Defendants VALLEY UTILITY SERVICES, INC.; UTILITIES SERVICES OF NEVADA, INC. d/b/a Utility Services of NV, Inc.; and JOHN BENEDICT (collectively "Defendants") as follows:

1. Defendants, and each of them, are ordered to pay $1,351,677.21 in past due contributions for January 2013 to December 2014 owed to the Trust Funds;

2. Defendants, and each of them are ordered to pay $354,052.80 in liquidated damages and interest in relation to unpaid contributions for January 2013 through December 2014 owed to the Trust Funds;

3. Defendants, and each of them, are ordered to pay $7,708.26 in delinquent fringe benefits contributions for April 2015 to September 2015 owed to the Trust Funds;

4. Defendants, and each of them, are ordered to pay $5,445.08 in liquidated damages and interest in relation to unpaid contributions for April 2015 to September 2015 owed to the Trust Funds;

5. Defendants, and each of them are ordered to submit to an audit covering the period January 1, 2015 to the present.

6. Defendants, and each of them are ordered to pay $9,882.50 in attorneys' fees and $1,803.96 in costs owed to the Trust Funds; and

7. The District Court retains jurisdiction to enforce the order compelling the audit and to amend the judgment to reflect any contributions and interest owed by Defendants, and each of them, after Plaintiffs submit an additional declaration setting forth the results of the audit and proving up their request for damages.

IT IS SO ORDERED.

FootNotes


1. On September 28, 2017, almost one week after the Court adopted Magistrate Judge Maria-Elena James' Report and Recommendation and granted plaintiffs' motion for default judgment, defendant John Benedict filed an objection to the Report. (Dkt. No. 58.) Defendant Benedict's objection was filed several days past the deadline for filing objections. Benedict notes that he knew nothing of this litigation until he received a copy of the Report, dated September 1, 2017, however, he received personal service on September 16, 2016. (Dkt. No. 31.) In any event, defendant Benedict's objections contain no meritorious grounds to reconsider the Court's prior grant of the motion for default judgment. Accordingly, the Court OVERRULES defendant Benedict's objections.

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