Painters District Council 16, Local Union 294 v. Color New Co., et al.

Filing 37

ORDER Confirming Arbitration Awards; ORDERED that Respondents owe Petitioner a total of $39,706.59, signed by District Judge Lawrence J. O'Neill on 08/5/13. (Martin-Gill, S)

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DAVID A. ROSENFELD, Bar No. 058163
SHARON SEIDENSTEIN, Bar No. 215588
DANIEL S. BROME, Bar No. 278915
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]

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Attorneys for Petitioner PAINTERS DISTRICT COUNCIL 16,
LOCAL UNION 294

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAINTERS DISTRICT COUNCIL 16, ) No. 1:12-cv-00570-LJO-BAM
LOCAL UNION 294,
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)
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Petitioner,
) ORDER CONFIRMING
) ARBITRATION AWARDS
v.
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) COURT LANGUAGE ADDED
COLOR NEW CO.; LOUIE ANDREW )
LOIZU d/b/a COLOR NEW CO.,
)
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Respondents.
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The petition of PAINTERS DISTRICT COUNCIL 16, LOCAL UNION 294,
(hereinafter “Petitioner”) for an Order Confirming Arbitration Award, and the
Motion of COLOR NEW CO. and LOUIE ANDREW LOIZU d/b/a COLOR NEW
CO., (hereinafter “Respondents”) was taken under submission by this Court. On
proof being made to the satisfaction of the Court, and good cause appearing
therefore, especially given denial to vacate the arbitration award:
IT IS HEREBY ORDERED that the Arbitration Awards of April 11, 2013 and
June 10, 2013, incorporated herein, are confirmed in their entirety and made an order
of this Court. Respondents are ordered to comply with said Awards in all respects,

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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[PROPOSED] ORDER

CASE NO. 1:12-CV-00570-LJO-BAM

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including, but not limited to, that Respondents shall pay to Petitioner the sum of

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$29,672.11 in wages and benefits and $2,500.00 for the costs of arbitration.

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Petitioner further seeks an award of $10,735 for attorney fees and $3,070.41
in costs to address Respondents' refusal to comply with the Arbitration Awards.
This Court has reviewed Petitioner's supporting documentation and finds appropriate
under the circumstances an attorney fees award of $7,000 and costs of $534.48. See
Sheet Metal Workers' Int'l Local Union No. 35 v. Madison Industries, Inc. of Arizon,
84 F.3d 1186, 1192 (9th Cir. 1996). As such, Respondents owe Petitioner a total of
$39,706.59.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 5, 2013

UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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66h44d

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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-2[PROPOSED] ORDER

CASE NO. 1:12-CV-00570-LJO-BAM