Board of Trustees of the Northern California Sheet Metal Workers Health Care Plan et al v. Liberty Duct, LLC
Filing
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JUDGMENT PURSUANT TO STIPULATION. Signed by Magistrate Judge Maria-Elena James on 8/8/2012. (rmm2S, COURT STAFF) (Filed on 8/8/2012)
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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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Plaintiffs,
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vs.
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LIBERTY DUCT, LLC, a Nevada Limited )
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Liability Company,
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Defendant.
____________________________________ )
BOARD OF TRUSTEES OF THE NORTHERN
CALIFORNIA SHEET METAL WORKERS
HEALTH CARE PLAN, SHEET METAL
WORKERS PENSION TRUST OF NORTHERN
CALIFORNIA, SHEET METAL WORKERS
LOCAL 162 VACATION, HOLIDAY SAVINGS
PLAN; DENNIS CANEVARI, TRUSTEE,
NO. C 12 3848 MEJ
JUDGMENT PURSUANT TO
STIPULATION
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It appearing that Plaintiffs BOARD OF TRUSTEES OF THE
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NORTHERN CALIFORNIA SHEET METAL WORKERS HEALTH CARE PLAN, SHEET METAL
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WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS
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LOCAL 162 VACATION, HOLIDAY SAVINGS PLAN; DENNIS CANEVARI, TRUSTEE,
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through their attorneys, and defendant, LIBERTY DUCT, LLC, a Nevada
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Limited Liability Company, have Stipulated that plaintiffs have and
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recover judgment from Defendant and it appearing that the Stipulation
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is in all respects proper and that the Stipulation provides for
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judgment against defendant in the amount of $63,883.16,
JUDGMENT PURSUANT TO STIPULATION
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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 $63,883.16, which is
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composed of the following:
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a.
for the months of March and April 2012 in the amount of $52,944.30;
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b.
c.
Interest due pursuant to contract in an amount to be
computed at the end of the payment plan set forth below; and
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Liquidated damages due and unpaid to the Plaintiff
Trust Funds for the same period in the amount of $10,588.86;
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Contributions due and unpaid to Plaintiff Trust Funds
d.
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 162 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 May 2012 to be
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paid by June 30, 2012.
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paid by the due date of the 20th of the month following the month the
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hours were worked and will continue until the full amount of this
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judgment is paid. Each of said payments will be made by check payable
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to SHEET METAL WORKERS TRUST FUNDS and sent to the post office box on
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the report form.
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2.
All future payments for hours worked shall be
Defendant shall pay the amount of the contributions and
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liquidated damages in the amount of $63,533.16 in monthly installments
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of $10,588.86 commencing on July 25, 2012 and continuing for the five
JUDGMENT PURSUANT TO STIPULATION
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months thereafter until the entire contribution and liquidated damages
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amount has been paid. Said installment payments will be made by check
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payable to the SHEET METAL WORKERS TRUST FUNDS and sent to the
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collection attorney, ERSKINE & TULLEY, 3030 Bridgeway, Suite 231,
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Sausalito, CA 94965, Attention: Michael Carroll.
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3.
Once the above amount of $63,533.16 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 and costs owed as stated in paragraphs (c) and (d) above.
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If defendant is not eligible for a complete waiver of the amounts due
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under paragraphs (c) and (d), defendant shall make payment on the
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remaining balance or such lesser sum agreed to by Plaintiff Trust
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Funds.
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Funds’ decision, with payments continuing each month thereafter.
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The payment would be due after notification of the Trust
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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 their 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 in the amount of
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$63,883.16 reduced by any offsets for payments made, shall issue only
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after ten (10) days written notice to the Defendant and Defendant’s
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counsel that Plaintiffs or Plaintiffs’ attorney declares a default and
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intends to file a Declaration stating that a default has occurred on
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the part of the defendant.
pursuant
to
JUDGMENT PURSUANT TO STIPULATION
the
terms
of
paragraphs
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and
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of
the
Defendant waives notice of any hearing
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held by the court upon the earlier execution of this judgment or
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Plaintiffs’ declaration.
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August 8, 2012
Dated: ____________________
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_____________________________________
Magistrate Judge Maria-Elena James
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JUDGMENT PURSUANT TO STIPULATION
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