The Boards of Trustees of the Southern California Glaziers Architectural and Glass Workers Health and Welfare Trust et al v. Silvino Michael Valdez et al

Filing 17

JUDGMENT by Judge Manuel L. Real, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs shall have judgment against AARON BROTHERS GLASS CO., a partnership, and SILVINO MICHAEL VALDEZ, individually, and doing business as AARON BROTHERS GLASS CO. , a partnership (collectively, Defendants) in the sum of $38,846.30, representing delinquent contributions in the amount of $24,265.61, working dues in the amount of $1,790.85, interest in the amount of $3,641.02, liquidated damag es in the amount of $4,853.12, audit fees in the amount of $787.50, attorney fees in the amount of $3,008.20, and litigation costs in theamount of $500.00, owed for the audited periods of January 1, 2007 throughJanuary 31, 2010, and February 1, 2010 through September 23, 2011 together withinterest accruing at the rate of seven percent (7.0%) per annum from February 1,2013, as follows: (pj)

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6 Jeffrey L. Cutler (SBN 100639) Sally S. Frontman (SBN 227735) WOHLNER KAPLON PHILLIPS YOUNG & CUTLER A Professional Corporation 16501Ventura Boulevard, Suite 304 Encino, California 91436 Telephone: (818) 501-8030 Facsimile: (818) 501-5306 E-Mail: jcutler@wkpyc.com E-Mail: sfrontman@wkpyc.com 7 Attorneys for Plaintiffs Boards of Trustees et al. 1 2 3 4 5 JS-6 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 (Western Division) 11 12 13 14 15 16 17 18 19 20 21 22 23 THE BOARDS OF TRUSTEES OF THE SOUTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS HEALTH AND WELFARE TRUST; THE SOUTHERN CALIFORNIA, ARIZONA, COLORADO, AND SOUTHERN NEVADA GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS PENSION TRUST FUND; THE GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS DISABILITY TRUST; THE SOUTHERN CALIFORNIA GLASS AND GLAZING INDUSTRY TRUST FUND; THE SOUTHERN COUNTIES GLAZIERS' APPRENTICE-SHIP TRAINING TRUST; SOUTHERN CALIFORNIA GLASS MANAGEMENT AND GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS LOCAL 636 AREA LABOR MANAGEMENT COMMITTEE; NATIONAL LABOR MANAGEMENT COOPERATION FUND, AND GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS LOCAL UNION NO. 636 Plaintiffs, 24 v. 25 SILVINO MICHAEL VALDEZ, individually and doing business as AARON BROTHERS GLASS CO., a partnership; FRANK GABRIEL VALDEZ, individually 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV12-04832-R Assigned to the Honorable Manuel L. Real JUDGMENT PURSUANT TO STIPULATION Complaint Filed: June 1, 2012 Default by Clerk: July 3, 2012 1 and doing business as AARON BROTHERS ) GLASS CO., a partnership; ) 2 3 ) ) ) s ) Defendants. 4 5 6 Plaintiffs, The Boards of Trustees of the Southern California Glaziers, 7 Architectural Metal and Glass Workers Health and Welfare Trust; the Southern 8 California, Arizona, Colorado, and Southern Nevada Glaziers, Architectural Metal 9 and Glass Workers Pension Trust Fund; the Glaziers, Architectural Metal and 10 Glass Workers Disability Trust; the Southern California Glass and Glazing 11 Industry Trust Fund; the Southern Counties Glaziers' Apprenticeship Training 12 Trust; and the Southern California Glass Management and Glaziers, Architectural 13 Metal and Glass Workers Local 636 Area Labor Management Committee and 14 National Labor Management Cooperation Fund and the Glaziers, Architectural 15 Metal and Glass Workers Local Union No. 636 (collectively, “Plaintiffs”) shall 16 have judgment against defendants AARON BROTHERS GLASS CO., a 17 partnership, and SILVINO MICHAEL VALDEZ, individually, and doing business 18 as AARON BROTHERS GLASS CO., a partnership having agreed to the entry of 19 judgment in this matter and having entered into a Stipulation for Entry of Judgment 20 which has been filed with the Court, and due deliberation being had thereon, 21 22 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs 23 shall have judgment against AARON BROTHERS GLASS CO., a partnership, and 24 SILVINO MICHAEL VALDEZ, individually, and doing business as AARON 25 BROTHERS GLASS CO., a partnership (collectively, “Defendants”) in the sum of 26 $38,846.30, representing delinquent contributions in the amount of $24,265.61, 27 working dues in the amount of $1,790.85, interest in the amount of $3,641.02, 28 liquidated damages in the amount of $4,853.12, audit fees in the amount of -1- 1 $787.50, attorney fees in the amount of $3,008.20, and litigation costs in the 2 amount of $500.00, owed for the audited periods of January 1, 2007 through 3 January 31, 2010, and February 1, 2010 through September 23, 2011 together with 4 interest accruing at the rate of seven percent (7.0%) per annum from February 1, 5 2013, as follows: 6 1. Defendants shall pay to Plaintiffs the sum of $500.00 on or before the 7 first (1st) day of February 2013, and shall make monthly installment payments to 8 Plaintiffs on or before the first (1st) day of each and every succeeding month 9 thereafter until the sum of $38,846.30, together with interest accruing in 10 11 accordance with paragraph 4 below, is paid in full. 2. All payments shall be made payable to the “Southern California 12 Glaziers Trust Funds” and delivered or mailed to the offices of Wohlner Kaplon 13 Phillips Young & Cutler at 16501 Ventura Boulevard, Suite 304, Encino, 14 California 91302, unless or until otherwise instructed in writing by counsel for 15 Plaintiffs. 16 3. Defendants shall pay interest in accordance with the Multiemployer 17 Pension Plan Amendment Act ("MPPAA"), 29 U.S.C. §1132(g)(2) at the rate of 18 seven percent (7.0%) per annum on the sum of $38,846.30 (the “Principal 19 Balance”) and upon the declining balance thereof pursuant to the following 20 formula: “Principal Balance (x) 7.0% divided (/) by 365 (x) number of days since 21 the last payment”. Interest shall be computed from February 1, 2013. No payment 22 of interest shall reduce the amount of the Judgment as entered. 23 4. Plaintiffs hereby stipulate to withhold execution of the Judgment 24 Pursuant to Stipulation so long as Defendants timely make payments as required 25 herein and comply with all other terms of the Stipulation. 26 27 5. Defendants agree to timely pay all monthly contributions owed to the Trusts during the period in which monies are owed pursuant to Stipulation. 28 -2- 6. 1 Defendants further agree to timely submit employer contribution 2 reports to the Trusts with a breakdown by job of all hours worked for all 3 employees performing work covered by Defendants’ collective bargaining 4 agreement with the Union. 7. 5 It is further agreed that in the event of default, Defendants shall pay, 6 in addition to the Principal Balance of the Judgment then due, together with 7 accrued interest calculated at the rate of seven (7.0%) percent from February 1, 8 2013, all attorneys’ fees and costs incurred in enforcing the Judgment obligation. 8. 9 Time is of the essence and it is agreed that if Defendants fail to make 10 the initial payment required herein when due, or other payments as provided 11 herein, or fail to comply with any term of the Stipulation, Defendants shall be 12 deemed in default, and Plaintiffs may levy upon the balance then due, accrued 13 interest, and attorneys’ fees and costs incurred in enforcing the judgment 14 obligation. 9. 15 The amounts agreed to be paid pursuant to Stipulation are solely in 16 settlement of Plaintiffs’ claim for contributions, liquidated damages, dues, audit 17 costs, and attorneys’ fees and costs in the above-captioned lawsuit. Defendants 18 expressly agree that all rights of Plaintiffs to assess and pursue withdrawal liability 19 and related damages against Defendants are hereby reserved. 10. 20 The Parties hereby stipulate that upon entering into the Stipulation, 21 each has made such investigation of the facts pertaining to the Stipulation of all the 22 matters pertaining thereto as it deems necessary, each has read and understands the 23 contents of the Stipulation and the consequences thereby, and the person(s) 24 executing the Stipulation on each Party's behalf has full and complete power and 25 authority to execute the Stipulation. 26 /// 27 /// 28 /// -3- 1 2 11. Upon final payment in accordance with the provisions of the Stipulation, Plaintiffs shall file a full satisfaction of judgment. 3 4 5 6 DATED: OCT. 16, 2013 HONORABLE MANUEL L. REAL UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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