Boards of Trustees of the Roofers Local 27 Health and Welfare Trust Fund et al v. Fryer Roofing Co., Inc. et al

Filing 44

STIPULATED AMENDED JUDGMENT dated *2/17/2015* signed by Magistrate Judge Michael J. Seng on 2/17/2015. (Sant Agata, S)

1 HENRY Y. CHIU 222927
TUCKER, CHIU, HEBESHA & WARD PC
2 642 Pollasky Avenue, Suite 230
Clovis, California 93612
3 Telephone: [phone]
Facsimile: [phone]
4
Attorneys for Plaintiffs
5
JUSTIN D. HARRIS 199112
6 MOTSCHIEDLER, MICHAELIDES ET AL.
1690 West Shaw Avenue, Suite 200
7 Fresno, California 93711
Telephone: [phone]
8 Facsimile: [phone]
9 Attorney for Defendants
10
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

13

* * *

14 BOARDS OF TRUSTEES OF THE
)
ROOFERS LOCAL 27 HEALTH AND
)
15 WELFARE TRUST FUND, NATIONAL )
ROOFING INDUSTRY PENSION PLAN, )
16 ROOFERS LOCAL 27, FRESNO
)
ROOFING CONTRACTORS VACATION )
)
17 FUND, and ROOFERS LOCAL 27
APPRENTICESHIP TRAINING FUND, )
)
18
Plaintiffs,
)
)
19
v.
)
)
20
FRYER ROOFING CO., INC., a California )
)
21 corporation; DAVID BRUCE FRYER;
LEIGH ANN FRYER; INTERNATIONAL )
)
22 FIDELITY INSURANCE COMPANY;
and DOES 1 through 50, inclusive,
)
)
23
Defendants.
)
)
24

Case No. 1:13-CV-01660-AWI-MJS
STIPULATED AMENDED
JUDGMENT

25
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TUCKER, CHIU,
HEBESHA & WARD PC

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642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

1
STIPULATED AMENDED JUDGMENT

1

Plaintiffs Boards of Trustees of the Roofers Local 27 Health and Welfare Trust Fund,

2 Roofers Local 27, Fresno Roofing Contractors Vacation Fund, and Roofers Local 27
3 Apprenticeship Training Fund (collectively, “Stipulating Plaintiffs”),1 and defendants Fryer
4 Roofing Co., Inc., David Bruce Fryer and Leigh Ann Fryer (collectively, “Fryer Defendants”)
5 hereby stipulate, and request an amended judgment, as to the following:
6

1.

Stipulating Plaintiffs and the Fryer Defendants entered into a written “Settlement

7 Agreement Between Roofers Local 27 Trust Funds and Fryer Roofing Co., Inc. et al.”
8 (“Agreement”) pertaining to the fringe benefit contributions and other charges at issue herein.
9

2.

The Stipulating Plaintiffs and Fryer Defendants further entered into a Stipulated

10 Judgment as part of said Agreement. The Court issued an Order on September 18, 2014, entering
11 said Judgment, and retaining jurisdiction to enforce the Agreement and Judgment.
12

3.

The Fryer Defendants, or others on their behalves, have made certain payments

13 totaling $136,812.14 toward the Judgment amount, leaving a remainder of $32,918.80. However,
14 additional interest and liquidated damages have accrued, and the Stipulating Plaintiffs have
15 incurred additional costs and attorneys’ fees in their efforts to enforce the Agreement and
16 Judgment as a result of the Fryer Defendants’ breach of the Agreement.
17

4.

The Parties have entered into a written “Amendment to Settlement Agreement

18 Between Roofers Local 27 Trust Funds and Fryer Roofing Co., Inc. et al.” (“Amendment”) to
19 reflect the additional interest, liquidated damages, costs and attorneys’ fees. The Amendment
20 provides, among other things, that the Parties will stipulate to amend the Stipulated Judgment, by
21 way of this Stipulated Amended Judgment (“Amended Judgment”), to include those additional
22 charges, which the Parties stipulate to be as follows:
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TUCKER, CHIU,
HEBESHA & WARD PC
642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

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1

Plaintiff National Roofing Industry Pension Plan is not a party to this Amended Judgment. Its
claims against Defendants have been dismissed pursuant to a Stipulation and Order to Dismiss
Claims between the NRIPP and Defendants.
2
STIPULATED AMENDED JUDGMENT

1

Prior Remaining Amount Due

2

Interest (Oct-Dec 2014 Fringes)

3

Liquidated Damages (Oct-Dec 2014 Fringes)

4

Post-Agreement Costs and Attorneys’ Fees

$525.27

New Amount Due

5
6

$32,918.80

5.

$6,392.54
$37,044.00
$76,880.61

The Amendment further provides that the United States District Court, Eastern

7 District of California, Fresno Division, shall continue to retain jurisdiction to enforce the terms
8 of the Agreement, Amendment and this Amended Judgment.
9

6.

The Amendment further provides that the Parties expressly and irrevocably

10 consent to the further jurisdiction of the magistrate judge to enter this Amended Judgment, and to
11 issue any findings or orders necessary to enforce the Amendment or Amended Judgment.
12

7.

In the event it becomes necessary to enforce this Amended Judgment, interest

13 shall accrue on the Judgment amount at the seven percent (7%) per annum rate specified in the
14 collective bargaining agreement. Stipulating Plaintiffs shall be entitled to recover all costs and
15 attorneys’ fees incurred by them in enforcing this Amended Judgment.
16

Dated: February

6

, 2015.

FRYER ROOFING CO., INC.

17
By

/s/ David Bruce Fryer
David Bruce Fryer, CEO

18
19
20

Dated: February 6

, 2015.

DAVID BRUCE FRYER

21
By

/s/ David Bruce Fryer
David Bruce Fryer, Individually

22
23
24

Dated: February

6

, 2015.

LEIGH ANN FRYER

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By

/s/ Leigh Ann Fryer
Leigh Ann Fryer, Individually

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TUCKER, CHIU,
HEBESHA & WARD PC

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642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

3
STIPULATED AMENDED JUDGMENT

1

Dated: February

12

, 2015.

ROOFERS LOCAL 27 HEALTH AND WELFARE
TRUST FUND

2
By

3

/s/ Dario Sifuentes
Dario Sifuentes, Trustee

4
5
Dated: February 12

, 2015.

ROOFERS LOCAL 27

6
By

7

/s/ Dario Sifuentes
Dario Sifuentes, Business Manager

8
9
Dated: February 12

, 2015.

10

FRESNO ROOFING CONTRACTORS
VACATION FUND

11
By

/s/ Dario Sifuentes
Dario Sifuentes, Trustee

12
13
14

Dated: February 12

, 2015.

ROOFERS LOCAL 27 APPRENTICESHIP
TRAINING FUND

15
By

16

/s/ Dario Sifuentes
Dario Sifuentes, Trustee

17
18
Approved as to Form and Content:
19
20

Dated: February

6

, 2015.

MOTSCHIEDLER, MICHAELIDES, ET AL.
A Limited Liability Partnership

21
By

22

/s/ Justin D. Harris
JUSTIN D. HARRIS
Attorney for Defendants

23
24
25

Dated: February

12

, 2015.

TUCKER, CHIU HEBESHA & WARD
A Professional Corporation

26
27
TUCKER, CHIU,
HEBESHA & WARD PC

By

/s/ Henry Y. Chiu
HENRY Y. CHIU
Attorney for Stipulating Plaintiffs

28

642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

4
STIPULATED AMENDED JUDGMENT

1
2

JUDGMENT
The Judgment previously entered in Case No. 1:13-CV-01660-AWI-MJS in favor of

3 plaintiffs Roofers Local 27 Health and Welfare Trust Fund, Roofers Local 27, Fresno Roofing
4 Contractors Vacation Fund and Roofers Local 27 Apprenticeship Training Fund (the “Stipulating
5 Plaintiffs” above), and against defendants Fryer Roofing Co., Inc., David Bruce Fryer and Leigh
6 Ann Fryer (the “Fryer Defendants” above), jointly and severally, is hereby amended to the
7 amount of $76,880.61.
8

As acknowledged, and stipulated to, by the Parties in the Stipulation above, this amended

9 amount judgment reflects: certain payments made by, or on behalf of, the Fryer Defendants;
10 additional accrued interest and liquidated damages; and additional costs and attorneys’ fees
11 incurred by the Stipulating Plaintiffs in their efforts to enforce the Agreement and Judgment as a
12 result of the Fryer Defendants’ breach of the Agreement.
13

In the event it becomes necessary for Stipulating Plaintiffs to enforce this Amended

14 Judgment, they shall further be entitled to interest upon the Amended Judgment amount at seven
15 percent (7%) per annum, and all costs and attorneys’ fees incurred by them to do so.
16

This Court shall retain jurisdiction to enforce the Agreement, Amendment and this

17 Amended Judgment.
18
19 IT IS SO ORDERED.
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21

Dated:

February 17, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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TUCKER, CHIU,
HEBESHA & WARD PC

28

642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

5
STIPULATED AMENDED JUDGMENT