Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund et al v. Westwind Mechanical, Inc. et al
Filing
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ORDER RE CONTEMPT AND SANCTIONS AND ORDER FOR APPEARANCE by Judge Dale S. Fischer. S This amount shall be delivered to counsel for the Trustees.Paul Svane shall, within fourteen (14) days after service of this Order, pay to Plaintiffs sanctions in the amount of $819.00 as the reasonable expense incurred in obtaining this order. Paul Svane is ordered to appear for a Judgment Debtor Examination. Judgment Debtor Exam set for 11/8/2011 10:30 AM before Magistrate Judge Victor B. Kenton. (rne)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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TRUSTEES OF THE SOUTHERN
CALIFORNIA PIPE TRADES HEALTH
AND WELFARE TRUST FUND,
TRUSTEES OF THE SOUTHERN
CALIFORNIA PIPE TRADES
RETIREMENT TRUST FUND,
TRUSTEES OF THE SOUTHERN
CALIFORNIA PIPE TRADES DEFINED
CONTRIBUTION TRUST FUND,
TRUSTEES OF THE SOUTHERN
CALIFORNIA PIPE TRADES
VACATION AND HOLIDAY TRUST
FUND, TRUSTEES OF THE
SOUTHERN CALIFORNIA PIPE
TRADES CHRISTMAS BONUS FUND,
TRUSTEES OF THE APPRENTICE
AND JOURNEYMAN TRAINING
TRUST FUND, TRUSTEES OF THE
PLUMBERS AND PIPEFITTERS
NATIONAL PENSION FUND, and
TRUSTEES OF THE INTERNATIONAL
TRAINING FUND,
Plaintiffs,
vs.
WESTWIND MECHANICAL, INC., a
California corporation; PAUL SVANE, an
individual; AVI MOYAL, an individual;
and PAUL SVANE, an individual,
CASE NO.: CV 09-09475 DSF
(VBKx)
ORDER RE: CONTEMPT AND
SANCTIONS AND ORDER FOR
APPEARANCE
Defendants.
The hearing on the order to show cause re contempt and for sanctions came on
regularly in courtroom 840 of the above-entitled court on September 12, 2011. Denise
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E. Carter appeared for the Plaintiffs, Trustees of the Southern California Pipe Trades
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Health and Welfare Trust Fund, et al. (“Trustees”). No appearances were made on
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behalf of Defendant, Paul Svane.
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After full consideration of the evidence and good cause appearing,
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IT IS HEREBY ORDERED THAT:
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A.
Paul Svane is in contempt of this Court.
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B.
Paul Svane shall, within fourteen (14) days after service of this Order,
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pay to Plaintiffs, Trustees of the Southern California Pipe Trades Health and Welfare
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Trust Fund; Trustees of the Southern California Pipe Trades Retirement Trust Fund;
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Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund;
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Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund;
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Trustees of the Southern California Pipe Trades Christmas Bonus Fund; Trustees of
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the Apprentice and Journeyman Training Trust Fund; Trustees of the Plumbers and
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Pipefitters National Pension Fund, and Trustees of the International Training Fund,
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Rule 37 sanctions in the amount of $819.00 as the reasonable expense incurred in
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obtaining this order. This amount shall be delivered to counsel for the Trustees.
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C.
Paul Svane is ordered to appear for a Judgment Debtor Examination to
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take place before United States Magistrate Judge Victor B. Kenton at 255 E. Temple
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Street, Los Angeles, CA 90012, Courtroom 590, at 10:30 a.m. on November 8, 2011.
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IT IS FURTHER ORDERED that Paul Svane bring with him the following
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documents under his control, or under the control of his agents, attorneys or
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accountants (photocopies may be produced in lieu of originals):
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1. All financial statements prepared by or on behalf of Paul Svane for the time
period from January 1, 2010, through the present.
2. All financial statements prepared by or on behalf of Westwind Mechanical,
Inc., for the time period from January 1, 2010 through the present.
3. All monthly bank statements of Paul Svane for all of his checking accounts
and savings accounts for the time period from January 1, 2010, through the
present.
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4. All monthly bank statements of Westwind Mechanical, Inc., for all of its
checking accounts and savings accounts for the time period from January 1,
2010, through the present.
5. All savings account, pass books, certificates of deposit and trust certificates
in the name of Paul Svane for the time period from January 1, 2010, through
the present.
6. All savings account, pass books, certificates of deposit and trust certificates
in the name of Westwind Mechanical, Inc., for the time period from January
1, 2010, through the present.
7. All negotiable instruments and negotiable securities in the name of Paul
Svane, or owned by Paul Svane.
8. All negotiable instruments and negotiable securities in the name of
Westwind Mechanical, Inc., or owned by Westwind Mechanical, Inc.
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9. All accounts receivable of Paul Svane for the time period from January 1,
2010, through the present.
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10. All accounts receivable of Westwind Mechanical, Inc., for the time period
from January 1, 2010, through the present.
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11. All evidence and memoranda of any ownership interest of Paul Svane in any
corporation, partnership, unincorporated association or any business
organized or conducted for production of income.
12. All evidence and memoranda of any ownership interest of Westwind
Mechanical, Inc., in any corporation, partnership, unincorporated association
or any business organized or conducted for production of income.
13. All evidence and memoranda of any income received by Paul Svane from
January 1, 2010, through the present to include, but not limited to, copies of
tax returns, insurance proceeds, or repayment of loans.
14. All evidence and memoranda of any income received by Westwind
Mechanical, Inc. from January 1, 2010, through the present to include, but
not limited to, copies of tax returns, insurance proceeds, or repayment of
loans.
15. All evidence of any ownership interest of Paul Svane to include, but not
limited to, bills of sale, pink slips or any other record of title, in any motor
vehicle, airplane, boat, equipment or heavy machinery from January 1, 2010,
through the present.
16. All evidence of any ownership interest of Westwind Mechanical, Inc., to
include but not limited to bills of sale, pink slips or any other record of title,
in any motor vehicle, airplane, boat, equipment or heavy machinery from
January 1, 2010, through the present.
17. All evidence of any license, to include but not limited to business or
professional license, issued by any city, county, state, or any federal
government agency or department in the name of Paul Svane and covering
any period of time from January 1, 2010, through the present.
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18. All evidence of any license, to include but not limited to business or
professional license, issued by any city, county, state or any federal
government agency or department in the name of Westwind Mechanical,
Inc., and covering any period of time from January 1, 2010, through the
present.
19. All evidence of any debts or payments owed to Paul Svane to include but
not limited to those arising from loans or judgments, for the time period
from January 1, 2010 through the present.
20. All evidence of any debts or payments owed to Westwind Mechanical, Inc.,
to include but not limited to those arising from loans or judgments, for the
time period from January 1, 2010, through the present.
21. Copies of all certified payroll records prepared by and/or submitted by Paul
Svane to any general contractor or public contracting agency for public
works projects for work performed during the period from January 1, 2010
through the present.
22. Copies of all certified payroll records prepared by and/or submitted by
Westwind Mechanical, Inc., to any general contractor or public contracting
agency for public works projects for work performed during the time period
from January 1, 2010, through the present.
23. Any and all evidence or other memoranda indicting that Paul Svane was
either a plaintiff or a defendant in any lawsuit since January 1, 2010.
24. Any and all evidence or other memoranda indicating that Westwind
Mechanical, Inc. was either a plaintiff or a defendant in any lawsuit since
January 1, 2010.
25. Any evidence and memoranda indicating that Paul Svane received any
judgment, award, bequest or devise in any lawsuit or other court action since
January 1, 2010.
26. Any evidence and memoranda indicating that Westwind Mechanical, Inc.
received any judgment, award, bequest or devise in any lawsuit or other
court action since January 1, 2010.
27. Any evidence and memoranda indicting an ownership interest of Paul Svane
in any patent, invention, trade name, or copyright.
28. Any evidence and memoranda indicating an ownership interest of Westwind
Mechanical, Inc., in any patent, invention, trade name, or copyright.
29. Any evidence and memoranda indicting an ownership interest of Paul Svane
in any real property or developments on real property.
30. Any evidence and memoranda indicating an ownership interest of Westwind
Mechanical, Inc., in any real property or developments on real property.
31. All subcontracts entered into by Paul Svane to perform construction projects
for the time period from January 1, 2010, through the present.
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32. All subcontracts entered into by Westwind Mechanical, Inc., to perform
construction projects for the time period from January 1, 2010, through the
present.
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33. All invoices for services performed by Westwind Mechanical, Inc., projects
for the time period from January 1, 2010, through the present.
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34. All invoices for services performed by Paul Svane, projects for the time
period from January 1, 2010, through the present.
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35. Paul Svane’s cash disbursement journals and check registers for the time
period from January 1, 2010 through the present.
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36. Westwind Mechanical, Inc.’s, cash disbursement journals and check
registers for the time period from January 1, 2010, through the present.
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37. Evidence of all payments made by Westwind Mechanical, Inc., to its
creditors from the date of service of this order through the date of the
hearing.
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38. Evidence of all payments made by Paul Svane, to creditors from the date of
service of the order through the present.
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9/27/11
Dated:
UNITED STATES DISTRICT JUDGE
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