Board of Trustees of the Southern California Floor Covering Pension Trust Fund et al v. Ezra Sampson Ortega et al
Filing
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JUDGMENT by Judge Dale S. Fischer, in favor Plaintiffs and against Defendants. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that PLAINTIFFS have judgment in the total amount of $117,515.14, as follows: AS TO PLAINTIFFS FIRST AND SECOND CLAIMS FOR RELIEF FOR BREACH OF CONTRACT AND VIOLATION OF ERISA AGAINST EZRASAMPSON ORTEGA, an individual, and doing business as THE GENERAL FLOOR PREP & INSTALLATION COMPANY, a partnership; and THE GENERAL FLOOR PREP & INSTALLATION COMPANY, a partnership (col lectively, DEFENDANT) (CASE NO. CV-12-09106 DSF(AJWx)): 1. Unpaid fringe benefit contributions.. $34,707.43; 2. Liquidated Damages.. $44,050.63; 3. Interest Accrued through July 22, 2013.. $9,029.08;4. Attorney Fees.. $29,728.00; GRAND TOTAL.. $117,515.14. AS TO PLAINTIFFS THIRD CLAIM FOR RELIEF FOR DEFALCATION OF FIDUCIARY FOR THE MISAPPROPRIATION OFVACATION FUNDS HELD IN FIDUCIARY CAPACITY AGAINST EZRA SAMPSON ORTEGA, individually, (CASE NO. CV-12-09106 DSF(AJWx)): 1. Unpaid vacation fund contributions.. $6,036.37; 2. Interest through 7/22/13.. $212.80; GRAND TOTAL.. $6,249.17. (See order for further details). (shb)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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(Western Division)
BOARD OF TRUSTEES OF THE
) CASE NO. CV-12-09106 DSF(AJWx)
SOUTHERN CALIFORNIA FLOOR ) [Consolidated with related case no.
COVERING PENSION TRUST FUND, ) CV13-01545 DSF(AJWx)]
SOUTHERN CALIFORNIA FLOOR )
COVERING HEALTH AND
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WELFARE TRUST FUND,
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SOUTHERN CALIFORNIA FLOOR ) JUDGMENT
COVERING APPRENTICESHIP AND )
TRAINING TRUST FUND,
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SOUTHERN CALIFORNIA FLOOR )
COVERING VACATION AND
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HOLIDAY TRUST FUND,
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CONTRACT ADMINISTRATION
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TRUST FUND, and THE PAINTERS )
AND ALLIED TRADES LABOR
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MANAGEMENT COOPERATION
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FUND, and RESILIENT FLOOR AND )
DECORATIVE COVERING LOCAL )
UNION NO. 1247,
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Plaintiffs,
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v.
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EZRA SAMPSON ORTEGA, an
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individual, and doing business as THE )
GENERAL FLOOR PREP &
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INSTALLATION COMPANY, a
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partnership; and THE GENERAL
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FLOOR PREP & INSTALLATION
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COMPANY, a partnership, DOES 1
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through 10, inclusive,
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Defendants. )
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And related consolidated case.
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On July 16, 2013, the Court, in its discretion, found this case proper for
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decision without oral argument.
It appearing that defendants, EZRA SAMPSON ORTEGA, an individual
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and doing business as THE GENERAL FLOOR PREP & INSTALLATION
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COMPANY, a partnership, and THE GENERAL FLOOR PREP &
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INSTALLATION COMPANY, having been regularly served with process, and
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having failed to plead or otherwise defend this action and default having been
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entered; on application of the Board of Trustees Boards of Trustees of the Southern
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California Floor Covering Pension Trust Fund, Southern California Floor Covering
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Health and Welfare Trust Fund, Southern California Floor Covering
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Apprenticeship and Training Trust Fund, Southern California Floor Covering
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Vacation and Holiday Trust Fund; Contract Administration Trust Fund; Painters
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and Allied Trades Labor Management Cooperation Fund (collectively, “Trust
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Funds”), and the Resilient Floor and Decorative Floor Covering Local Union No.
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1247 ( “Union”) (collectively, “Plaintiffs” or “PLAINTIFFS”) to the Court and
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after having considered the papers submitted in support thereof, and good cause
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appearing therefore,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
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PLAINTIFFS have judgment in the total amount of $117,515.14, as follows:
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AS TO PLAINTIFFS’ FIRST AND SECOND CLAIMS FOR RELIEF FOR
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BREACH OF CONTRACT AND VIOLATION OF ERISA AGAINST EZRA
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SAMPSON ORTEGA, an individual, and doing business as THE GENERAL
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FLOOR PREP & INSTALLATION COMPANY, a partnership; and THE
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GENERAL FLOOR PREP & INSTALLATION COMPANY, a partnership
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(collectively, “DEFENDANT”) (CASE NO. CV-12-09106 DSF(AJWx)):
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1.
Unpaid fringe benefit contributions ......................................... $34,707.43
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2.
Liquidated Damages ................................................................. $44,050.63
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3.
Interest Accrued through July 22, 2013 .................................... $9,029.08
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Attorney Fees ........................................................................... $29,728.00
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GRAND TOTAL............................................................................. $117,515.14
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for electronic research, to be determined after entry of judgment.
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Plus costs of suit, which shall not include amounts
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Pursuant to 28 U.S.C. §1961(a), this judgment
shall bear interest at the rate of 0.11 % per annum.
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AS TO PLAINTIFFS’ THIRD CLAIM FOR RELIEF FOR
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DEFALCATION OF FIDUCIARY FOR THE MISAPPROPRIATION OF
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VACATION FUNDS HELD IN FIDUCIARY CAPACITY AGAINST EZRA
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SAMPSON ORTEGA, individually, (CASE NO. CV-12-09106 DSF(AJWx)):
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1.
Unpaid vacation fund contributions .......................................... $6,036.37
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2.
Interest through 7/22/13 ............................................................... $212.80
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GRAND TOTAL ............................................................................. $6,249.17
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3.
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Pursuant to 28 U.S.C. §1961(a), this judgment
shall bear interest at the rate of 0.11 % per annum.
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AS TO PLAINTIFFS’ FOURTH CLAIM FOR RELIEF FOR AN
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ACCOUNTING AGAINST EZRA SAMPSON ORTEGA, an individual, and
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doing business as THE GENERAL FLOOR PREP & INSTALLATION
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COMPANY, a partnership; and THE GENERAL FLOOR PREP &
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INSTALLATION COMPANY, a partnership (collectively, “DEFENDANT”)
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(CASE NO. CV-12-09106 DSF(AJWx)):
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DEFENDANT shall, within two (2) weeks after entry of judgment, provide
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Plaintiffs with an accounting for the months of October 2012 to date, which shall
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include the following information for each employee performing work covered by
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the Master Labor Agreement:
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(i)
Name of each employee;
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(ii)
Social security numbers of each employee;
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(iii) Hours compensated each employee; and
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(iv) Fringe benefit contributions due for each employee.
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AS TO PLAINTIFFS’ FIFTH CLAIM FOR RELIEF FOR INJUNCTIVE
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RELIEF AGAINST EZRA SAMPSON ORTEGA, an individual, and doing
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business as THE GENERAL FLOOR PREP & INSTALLATION COMPANY, a
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partnership; and THE GENERAL FLOOR PREP & INSTALLATION
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COMPANY, a partnership (collectively, “DEFENDANT”) (CASE NO. CV-12-
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09106 DSF(AJWx)
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PLAINTIFFS’ FIFTH CLAIM FOR RELIEF IS DENIED WITHOUT
PREJUDICE
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AS TO PLAINTIFFS’ FIRST AND SECOND CLAIMS FOR RELIEF FOR
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SPECIFIC PERFORMANCE FOR AUDI T AND FOR VIOLATION OF ERISA
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AGAINST EZRA SAMPSON ORTEGA, an individual, and doing business as
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THE GENERAL FLOOR PREP & INSTALLATION COMPANY, a partnership;
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and THE GENERAL FLOOR PREP & INSTALLATION COMPANY, a
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partnership (collectively, “DEFENDANT”) (CASE NO. CV13-01545 DSF(AJWx)):
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1.
DEFENDANT IS HEREBY ORDERED to do the following within
two (2) weeks after entry of judgment:
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Make available to the Board of Trustees and the Trust Funds by
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and through their auditors, all of the books and records concerning the
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classification of the employees of DEFENDANT, their names, social security
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numbers, the amount of wages paid to each, and the hours worked, including, but
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not limited to payroll records, individual payroll ledgers, DE3s, DE6s, general
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check disbursement records, canceled checks, check stub register, weekly time
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cards or time tickets, federal income tax returns, California state quarterly tax
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payroll returns, Forms 1099 and 1096, W-2s, W-3s and W-4s, all employee
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earnings records, general ledgers, cash receipts, and cash disbursement journals,
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workers’ compensation reports, material invoices, copies of all construction
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contracts and subcontracts awarded, copies of all certified payroll records, copies
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of all bonds covering the work, including but not limited to payment and
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performance bonds, and copies of any and all other books and records necessary to
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determine the full amount of contributions owed to the Trust Funds for the period
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of April 1, 2009 to the present date; and
B.
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Afford to the Trust Funds and their authorized representatives
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both ample time and opportunity to examine all of Defendants’ materials specified
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above, without harassment, at such time and at such place as shall be convenient to
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the authorized representative of the Trust Funds.
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2.
In the event that DEFENDANT cannot produce all of the records
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which the Trust Funds are required to examine, DEFENDANT shall, within thirty
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(30) days after entry of judgment for this case:
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Apply to the Federal and State agencies with which
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DEFENDANT previously filed periodic reports pertaining to employees for copies
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of the reports to them for all of the periods for which DEFENDANT cannot
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produce records; and
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Subsequently make available to the Trust Funds all such copies
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of DEFENDANT’S periodic reports to the federal and state agencies under the
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conditions set forth in 1(B) above.
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8/6/13
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Dated:
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HONORABLE DALE S. FISCHER
UNITED STATES DISTRICT JUDGE
CENTRAL DISTRICT OF CALIFORNIA
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