Resilient Floor Covering Pension Fund et al v. M&M Installation, Inc. et al, No. 3:2008cv05561 - Document 49 (N.D. Cal. 2009)
Court Description: FINAL JUDGMENT. Signed by Magistrate Judge Bernard Zimmerman on 8/19/2009. (bzsec, COURT STAFF) (Filed on 8/19/2009)
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Resilient Floor Covering Pension Fund et al v. M&M Installation, Inc. et al Doc. 49 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 RESILIENT FLOOR COVERING PENSION FUND, et al., 12 Plaintiff(s), 13 v. 14 15 M&M INSTALLATION, INC., et al, 16 Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) No. C08-5561 BZ FINAL JUDGMENT 17 18 19 20 The Court having entered an Order Granting Summary Judgment on August 18, 2009, IT IS ORDERED and ADJUDGED: 1. That for the purpose of collecting withdrawal 21 liability assessed against defendant M & M Installation, Inc. 22 (“M & M”), defendant Simas Floor Co., Inc. (“Simas Floor”) and 23 M & M are alter egos, and Simas Floor is responsible for 24 continuing to make the remaining withdrawal liability payments 25 assessed against M & M. 26 27 28 2. That Simas Floor is not in default under 29 U.S.C. § 1399(c)(5)(A) or (B) 3. That the rest of defendants’ counterclaim 1 Dockets.Justia.com 1 2 3 is DISMISSED on the merits. 4. Dated: That plaintiffs be awarded their costs of suit. August 19, 2009 4 5 Bernard Zimmerman United States Magistrate Judge 6 G:\BZALL\-BZCASES\RESILIENT FLOOR COVERING PENSION\MSJ\FINAL JUDGMENT.wpd 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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