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Construction Laborers Trust Funds for Southern Company v. Speciality Contracting Company, 8:17-cv-02136 JVS(KESx). (2019)

Court: District Court, C.D. California Number: infdco20190507695 Visitors: 24
Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: DEFAULT SEVERAL JUDGMENT AGAINST DEFENDANT KENNETH MICHAEL MERCURIO JAMES V. SELNA , District Judge . The Defendant, KENNETH MICHAEL MERCURIO, an individual also known as KENNETH MICHAEL MERCURIO, JR. ("MERCURIO") having been regularly served with process and having failed to appear and answer the Plaintiff's First Amended Complaint, the Default of MERCURIO has been entered. MERCURIO is not an infant or incompetent person, and the Servicemembers Civil Relief Act of 2003 is not applicable t
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DEFAULT SEVERAL JUDGMENT AGAINST DEFENDANT KENNETH MICHAEL MERCURIO

The Defendant, KENNETH MICHAEL MERCURIO, an individual also known as KENNETH MICHAEL MERCURIO, JR. ("MERCURIO") having been regularly served with process and having failed to appear and answer the Plaintiff's First Amended Complaint, the Default of MERCURIO has been entered.

MERCURIO is not an infant or incompetent person, and the Servicemembers Civil Relief Act of 2003 is not applicable to this suit or to MERCURIO.

The issue of the amount of damages was submitted to the Court by motion supported by Declarations.

Based upon the Motion for Default Several Judgment and the Declarations submitted and all other records and documents on file:

IT IS HEREBY ORDERED ADJUDGED AND DECREED that: Judgment is entered in favor of Plaintiff, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC, the administrator, agent for collection and a fiduciary to the Construction Laborers Vacation Trust for Southern California; and against Defendant, KENNETH MICHAEL MERCURIO, an individual also known as KENNETH MICHAEL MERCURIO, JR. as follows:

Principal (consisting of $56,382.42 in Vacation Contributions, $11,276.48 in liquidated damages): $67,658.90 • Interest through February 7, 2019: $ 7,697.38 • Attorney's Fees: $ 4,306.36 • Costs: $ 565.00 __________ TOTAL: $79,662.64

The Court finds there is no just reason for delay in the entry of a final several judgment against MERCURIO pending the conclusion of the bankruptcy proceedings by Defendants, Specialty Contracting Company, a Nevada corporation doing business as Diversified Demolition Company and Diversified Concrete Cutting, Inc., a Nevada corporation.

Source:  Leagle

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