Trustees of the Western States Income Security Fund et al v. Blanchfield et al

Filing 52

ORDER RE: Notice of Errata to Notice of Entry of Order and Judgment and Stipulations for Entry of Order and Judgment signed by District Judge Lawrence J. O'Neill on 01/29/2015. (Flores, E)

1

UNITED STATES DISTRICT COURT

2

FOR THE EASTERN DISTRICT OF CALIFORNIA

3

AT FRESNO

4
5
6

TRUSTEES OF THE WESTERN STATES
INCOME SECURITY FUND and GRAPHIC
COMMUNICATIONS INTERNATIONAL
UNION EMPLOYER RETIREMENT FUND,

7
8
9
10

Plaintiff,
v.

Case No. 1:12-CV-01886-LJO-SKO

ORDER RE: NOTICE OF ERRATA TO
NOTICE OF ENTRY OF ORDER AND
JUDGMENT AND STIPULATIONS FOR
ENTRY OF ORDER AND JUDGMENT

JOHN BLANCHFIELD, individually, and CAJON, INC., doing business as Peerless Printers,
Defendant.

11
12

Plaintiffs Trustees of the Western States Income Security Fund and Graphic Communications

13

International Union Employer Retirement Fund (collectively “Plaintiffs”) filed a Notice of Errata and

14

Request for Correction of Error in Stipulation for Entry of Order and Judgment along with the

15

supporting Declaration of Vishtasp Soroushian. Plaintiffs note that the name “John David

16

Blanchfield,” rather than “John Blanchfield” was inadvertently inserted once in the body of a

17

Stipulation for Entry of Judgment and Order, filed on April 5, 2013, which served as the basis for the

18

Court’s Order and Judgment (“Judgment”). Similarly, the name “John David Blanchfield,” rather

19

than “John Blanchfield” inadvertently appeared in the caption of the Notice of Entry of Order and

20

Judgment (“Notice”) of that Stipulation for Entry of Judgment and Order (“Stipulation”).

21

Notably, at the time the errors were made, John David Blanchfield was no longer a defendant

22

to this action. Rather, John Blanchfield had been named a defendant. Next, John Blanchfield, and

23

not John David Blanchfield, signed the Stipulation for Entry of Judgment and Order which served as

24

the basis for the Court’s Judgment. Through the Stipulation, the parties agreed for the Court to

25

render judgment in favor of Plaintiffs and against Defendants pursuant to the terms of the parties’

26

Settlement Agreements and Payment Plans (“Agreements”). These Agreements were filed with this

27

Court on April 2, 2013, and they were entered into and signed by John Blanchfield, individually and

28

on behalf of defendant CA-JON, INC., doing business as Peerless Printers. John David Blanchfield
ORDER RE: NOTICE OF ERRATA
Case No. 1:12-CV-01886-LJO-SKO

1

was not a party to those Agreements. Finally, John Blanchfield has been served with all the relevant

2

filings in this case, including the Notice and both the original and amended complaints and

3

summonses, and the abstracts of judgment and writ of execution were requested and issued against

4

Defendant John Blanchfield. It is apparent that the parties intended for, and only had the power to,

5

enter into the Stipulation between the Plaintiffs and true Defendants to the action.

6

Accordingly, the Court finds good cause to accept Plaintiffs’ errata to the Notice, removing

7

the name “David” from the case caption, and to accept the errata to the Stipulation, removing the

8

name “David” from line 23. The Court’s Order and Judgment, issued April 5, 2013, is amended to

9

reflect this clarification. (F.R.C.P., Rule 60(a).)

10
11

SO ORDERED
Dated: January 29, 2015
/s/ Lawrence J. O’Neill
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER RE: NOTICE OF ERRATA
Case No. 1:12-CV-01886-LJO-SKO