Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund et al v. PIMA Corporation et al, No. 2:2015cv05295 - Document 77 (C.D. Cal. 2017)
Court Description: FINAL JUDGMENT by Judge Dolly M. Gee: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: Plaintiffs, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health 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 F und, 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, shall recover from Defendant Pima Corporation, a California corporation also doing business as Advanced Construction, the principal amount of $744,694.59, plus attorney's fees and costs to be determined and post-judgment interest as provid ed by law from the date of entry of the judgment herein, and from Defendant Bijan Pirouz, an individual, the principal amount of $45,016.50, plus $48,737.10 in attorney's fees, $2,928.11 in litigation expenses, and post-judgment i nterest as provided by law from the date of entry of the judgment herein. Pima Corporation and Bijan Pirouz, to the extent the documents are within their possession, custody, or control, shall produce to Plaintiffs, within 14 days of the date of service of this Judgment, the certain documents maintained in the course of business of Pima Corporation, etc. See document for further details. (MD JS-6, Case Terminated). (gk)
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Trustees of the Southern California Pipe Trades Health and Welfare Trust...v. PIMA Corporation et al Doc. 77 JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES HEALTH AND WELFARE TRUST FUND, et al, 13 Plaintiffs, CASE NO.: CV15-5295 DMG (JCx) FINAL JUDGMENT 14 v. 15 16 17 18 PIMA CORPORATION, a California corporation, also doing business as ADVANCED CONSTRUCTION; and BIJAN PIROUZ, an individual, Defendants. 19 20 21 The Court having granted Plaintiffs’ Motion for Default Judgment against 22 Defendant Pima Corporation and Plaintiffs’ Motions for Summary Judgment and for 23 Attorney’s Fees against Defendant Bijan Pirouz, 24 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 25 A. Plaintiffs, Trustees of the Southern California Pipe Trades Health and 26 Welfare Trust Fund, Trustees of the Southern California Pipe Trades Pensioners and 27 Surviving Spouses Health Fund, Trustees of the Southern California Pipe Trades 28 Retirement Trust Fund, Trustees of the Southern California Pipe Trades Defined FINAL JUDGMENT Dockets.Justia.com 1 Contribution Trust Fund, Trustees of the Southern California Pipe Trades Vacation 2 and Holiday Trust Fund, Trustees of the Southern California Pipe Trades Christmas 3 Bonus Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, 4 Trustees of the Plumbers and Pipefitters National Pension Fund, and Trustees of the 5 International Training Fund, shall recover from Defendant Pima Corporation, a 6 California corporation also doing business as Advanced Construction, the principal 7 amount of $744,694.59, plus attorney’s fees and costs to be determined and post- 8 judgment interest as provided by law from the date of entry of the judgment herein, 9 and from Defendant Bijan Pirouz, an individual, the principal amount of $45,016.50, 10 plus $48,737.10 in attorney’s fees, $2,928.11 in litigation expenses, and post-judgment 11 interest as provided by law from the date of entry of the judgment herein. 12 B. Pima Corporation and Bijan Pirouz, to the extent the documents are 13 within their possession, custody, or control, shall produce to Plaintiffs, within fourteen 14 (14) days of the date of service of this Judgment, the following documents maintained 15 in the course of business of Pima Corporation: 16 1. All employee time cards, time sheets, payroll records (including 17 Certified Payroll reports) and compensation records maintained in the course of 18 business of Pima Corporation for the time period of August 1, 2014, through the date 19 of production. 20 2. All of Employer's Quarterly Federal Tax Returns (Form 941) 21 maintained in the course of business of Pima Corporation for the time period from 22 August 1, 2014 through the date of production. 23 3. All Federal Form W-2 Statements to employees maintained in the 24 course of business of Pima Corporation for the time period from August 1, 2014, 25 through the date of production. 26 4. All Federal Form W-3 Reconciliation of Income Tax Withheld and 27 Transmittal of W-2 Forms maintained in the course of business of Pima Corporation 28 for the time period from August 1, 2014 through the date of production. FINAL JUDGMENT 1 5. All Federal Form 1099 Miscellaneous Income Statements and 2 Federal Form 1096 Reconciliation and Transmittal of 1099 Forms maintained in the 3 course of business of Pima Corporation for the time period from August 1, 2014 4 through the date of production. 5 6. All Employer's Quarterly State of California Tax Returns (DE-3) 6 maintained in the course of business of Pima Corporation for the time period from 7 August 1, 2014 through the date of production. 8 9 10 11 7. All cash disbursement journals and check registers maintained in the course of business of Pima Corporation relating to the time period from August 1, 2014 through the date of production. 8. All daily job logs, diaries or foreman reports maintained in the 12 course of business of Pima Corporation relating to the time period from August 1, 13 2014 through the date of production. 14 9. All invoices for materials, labor or services provided to Pima 15 Corporation for work performed by Pima Corporation relating to the time period from 16 August 1, 2014 through the date of production. 17 10. All canceled checks drawn on any account of Pima Corporation, 18 and all monthly bank statements of Pima Corporation, relating to the time period from 19 August 1, 2014 through the date of production. 20 21 22 11. All written agreements between Pima Corporation and any labor union covering the time period January 1, 2010 through the date of production. 12. All correspondence between Pima Corporation and any trustee, 23 representative, agent or employee of any of the Trusts relating to the time period from 24 January 1, 2010 through the date of production. 25 13. All correspondence between Pima Corporation and any 26 representative, agent, or employee of the Southern California Pipe Trades 27 Administrative Corporation, or of any local union of District Council No. 16, relating 28 to the time period from January 1, 2010 through the date of production. FINAL JUDGMENT 14. 1 All notes or memoranda of communications between any trustee, 2 representative, agent, or employee of the Trusts relating to the time period from 3 January 1, 2010 through the date of production. 15. 4 All notes or memoranda of communications between any 5 representative, agent or employee of any local union of the District Council No. 16, 6 and Pima Corporation, relating to the time period from January 1, 2010 through the 7 date of production. 16. 8 All monthly fringe benefit reports to any trust fund, including the 9 Trusts, or to any administrative corporation, including the Southern California Pipe 10 Trades Administrative Corporation, for reporting hours, wages, and fringe benefits on 11 employees of Pima Corporation during the period of August 1, 2014 through the date 12 of production. 17. 13 All employee hour summaries prepared by or on behalf of any 14 employees working for Pima Corporation during the period of August 1, 2014 through 15 the date of production. 18. 16 17 All daily job tickets, billings and invoices of Pima Corporation relating to the time period from August 1, 2014 through the date of production. 19. 18 All documents submitted by Pima Corporation to any general 19 contractor or public contracting agency, including, but not limited to, all certified 20 payroll records for public works projects, which documents show the name, type of 21 work, number of hours of work and specific jobsite location with regard to each 22 employee of the Pima Corporation who performed work during the time period from 23 August 1, 2014 through the date of production. 20. 24 All bids, proposals, offers and estimates prepared by or on behalf 25 of Pima Corporation during the period of August 1, 2014 through the date of 26 production. 27 28 21. All subcontracts entered into between Pima Corporation and any third-party during the time period from August 1, 2014 through the date of production. FINAL JUDGMENT 1 2 3 4 5 6 7 22. All job or project lists or charts prepared or used by Pima Corporation for the time period from January 1, 2010 through the date of production. 23. All worker’s compensation insurance forms of Pima Corporation for the time period from August 1, 2014 through the date of production. 24. All accounts payable listings of Pima Corporation for the time period from August 1, 2014 through the date of production. 25. All 401k enrollment/change/opt-out forms completed by 8 employees of Pima Corporation for the time period from August 1, 2014 through the 9 date of production. 10 26. Any and all documents that evidence any work performed by any 11 employees of Pima Corporation, for the time period from August 1, 2014 through the 12 date of production. 13 Upon review of the above-referenced documents, Plaintiffs may file a motion to 14 amend this Judgment to include any unpaid contributions, liquidated damages, 15 interest, audit fees, attorney’s fees, or costs not already awarded by this Court. 16 17 18 19 DATED: February 13, 2017 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT
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