Board of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Peninsula Air Conditioning, Inc.
Filing
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JUDGMENT PURSUANT TO STIPULATION. Signed by Magistrate Judge Maria-Elena James on 8/1/2012. (rmm2S, COURT STAFF) (Filed on 8/1/2012)
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ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (ST. BAR #50246)
3030 Bridgeway, Suite 231
Sausalito, CA 94965
Telephone: (415)729-9006
Facsimile: (415)729-9023
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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)
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Plaintiffs,
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vs.
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PENINSULA AIR CONDITIONING, etc.,
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Defendant.
____________________________________ )
BOARDS OF TRUSTEES OF THE SHEET
METAL WORKERS LOCAL 104, et al.,
NO. C 12 2965 MEJ
JUDGMENT PURSUANT TO
STIPULATION
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It appearing that Plaintiffs BOARDS OF TRUSTEES OF THE SHEET
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METAL WORKERS LOCAL 104 HEALTH CARE TRUST, SHEET METAL WORKERS PENSION
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TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS LOCAL 104 VACATION,
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HOLIDAY SAVINGS PLAN; BRUCE WORD, TRUSTEE, through their attorneys,
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and
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corporation, have Stipulated that plaintiffs have and recover judgment
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from Defendant and it appearing that the Stipulation is in all
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respects proper and that the Stipulation provides for judgment against
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defendant in the amount of $59,882.88,
defendant,
PENINSULA
AIR
CONDITIONING,
INC.,
a
California
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IT IS HEREBY ORDERED AND ADJUDGED that plaintiffs have and
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recover judgment from defendant in the amount of $59,882.88, which is
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composed of the following:
JUDGMENT PURSUANT TO STIPULATION
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a.
Contribution balance due and unpaid to Plaintiff Trust
Funds for February 2012 in the amount of $43,217.69;
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b.
Liquidated damages due and unpaid to the Plaintiff
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Trust Funds for November 2011 and February 2012 in the amount of
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$16,015.19;
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c.
balance at 10%;
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d.
Attorneys fees due pursuant to contract in the amount
of $300.00; and
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Interest due pursuant to contract on the declining
e.
Costs of suit incurred in this action in the amount of
$350.00.
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IT IS FURTHER ORDERED AND ADJUDGED that an abstract of
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judgment will be recorded but execution will not issue on the judgment
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so long as defendant fully complies with the following conditions:
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1.
Defendant shall make payments of all ongoing amounts
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to become due to the SHEET METAL WORKERS OF NORTHERN CALIFORNIA TRUST
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FUNDS pursuant to contract between defendant and Local Union 104 of
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the Sheet Metal Workers' International Association for hours worked
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by defendant's employees, commencing with payment for April 2012,
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hours due on or before May 20, 2012 and continuing until the full
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amount of this judgment is paid.
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by check payable to SHEET METAL WORKERS TRUST FUNDS and sent to the
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Benesys.
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2.
Each of said payments will be made
Defendant shall pay the amount of the contributions and
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liquidated damages under paragraphs (a) and (b) in the total amount
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of $59,232.88 in monthly installment payments as follows:
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installment is due May 25, 2012 in the amount of $4,936.07.
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subsequent installment shall be due on the 25th day of each month, in
JUDGMENT PURSUANT TO STIPULATION
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The first
Each
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the amount of $4,936.07 and shall continue until the entire amount of
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$59,232.88 has been paid. Checks shall be made payable to SHEET METAL
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WORKERS TRUST FUNDS and sent to the collection attorney, ERSKINE &
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TULLEY, 3030 Bridgeway, Suite 231, Sausalito, CA 94965, Attention:
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Michael Carroll.
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3.
Once the above amount of $59,232.88 is paid in full,
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the Ways & Means Committee for Plaintiff Trust Funds will exercise
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it’s discretion and review defendant’s eliqibility for a reduction of
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the interest, attorneys’ fees and costs owed as stated in paragraphs
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(c), (d), and (e) above.
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waiver of the amounts due under paragraphs (c), (d), and (e),
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defendant shall make payment on the remaining balance of $650.00 plus
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the interest calculated on the declining balance in additional monthly
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installments of $4,936.07 as may be required to pay the full amount
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of the judgment, or such lesser sum agreed to by Plaintiff Trust
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Funds. The first payment would be due after notification of the Trust
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Funds’ decision, with payments continuing each month thereafter.
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4.
If defendant is not eligible for a complete
Plaintiffs and Defendant each understand and agree that
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any modification of payments must be made in writing and agreed to by
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both the Plaintiffs and the Defendant.
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IT IS FURTHER ORDERED AND ADJUDGED that upon failure of the
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Defendant to make any of it’s monthly contribution payments pursuant
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to the collective bargaining agreement as set forth in paragraph 1
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above, and the monthly installment payments in a timely manner as
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required
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stipulation, execution on the entire judgment reduced by any offsets
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for payments made, shall issue only after ten (10) days written notice
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to the Defendant that Plaintiffs or Plaintiffs’ attorney declares a
pursuant
to
JUDGMENT PURSUANT TO STIPULATION
the
terms
of
3
paragraphs
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and
3
of
the
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default and intends to file a Declaration stating that a default has
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occurred on the part of the defendant. Defendant waives notice of any
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hearing held by the court upon the earlier execution of this judgment
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or Plaintiffs’ declaration.
Defendant is not represented by counsel and has been advised
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to seek the advice of counsel before signing the Stipulation for
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Judgment.
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August 1, 2012
Dated: ____________________
S DISTRICT
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JUDGMENT PURSUANT TO STIPULATION
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A
H
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s
na Jame
ria-Ele
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NO
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R NIA
_____________________________________
Magistrate Judge Maria-Elena James
N
D IS T IC T
R
OF
C
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