Opinion
Case No. C-04-2559 JSW (MEJ).
August 31, 2006
James P. Watson, Esq. (SBN 046127), Bruce K. Leigh, Esq. (SBN 129753), STANTON, KAY WATSON, LLP, San Francisco, CA, Attorneys for Plaintiffs.
After hearing plaintiffs' motion herein for default judgment, and having issued on September 20, 2005, its Order Adopting Report And Recommendation Re Plaintiffs' Motion For Default Judgment, the Court confirms its order granting plaintiffs a mandatory injunction requiring defendants, Statewide Concrete Barrier, Inc., and Charles Wells, to submit to an audit by plaintiffs.
Accordingly, defendants are mandatorily enjoined, directed and required to submit to plaintiffs for audit all books and records in their possession which verify and substantiate contributions paid and contributions due to the plaintiffs for the period January 1, 2001 to the present, including, but not limited to the following records:
California Quarterly Report of Wages, Form DE-6; Federal Tax Forms W-3/W-2 and 1069/1099; Payroll Registers/Journals; Individual Earnings Records; Source Records, including time cards and time card summaries for all employees; contribution reports for all trust funds; workers' compensation reports; certified payroll reports; personnel records indicating job classifications and hire/termination dates; cash disbursement journal; vendor invoices; copies of subcontract agreements; cash receipts journal; general ledger; job cost records; records of related entities; and any other books and records that may be necessary to complete the auditor's determination or provide additional explanation.
The Court vacates the hearing on the Order To Show Cause And Order Continuing Briefing On Motion For Default Judgment, issued July 14, 2006; and, closing its hearing of plaintiffs' motion for default judgment, the Court reserves jurisdiction herein to entertain a motion for amended pleadings after completion of the audit.
IT IS SO ORDERED.