National Roofing Industry Pension Plan et al v. Fryer Roofing Co., Inc.

Filing 16

ORDER signed by Chief Judge Morrison C. England, Jr. on 4/28/2015. Judgment is ENTERED against defendant Fryer Roofing in the amount of $74,800.00 and Clerk directed to CLOSE this case. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATIONAL ROOFING INDUSTRY
PENSION PLAN et al.,
Plaintiffs,

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v.

No. 14-cv-1765-MCE-KJN

ORDER

FRYER ROOFING CO., INC.,
Defendant.

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On March 13, 2015, Plaintiffs filed an Ex Parte Application seeking the entry of

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judgment against Defendant. ECF No. 13. Plaintiffs’ Application explains that: (1) the

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parties reached an agreement to settle this case on January 15, 2015; (2) the parties

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specified the terms and conditions of the settlement in a Settlement Agreement; (3) the

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Settlement Agreement provided, inter alia, that if Defendant did not pay the stipulated

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monthly settlement payments in a timely fashion, then Plaintiffs would file a Stipulated

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Judgment for a total of $81,600 (less any amounts that Defendant may have paid); and

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(4) Defendant has paid only $6,800 of the $81,600 (and therefore still owes $74,800).

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On March 16, 2015, the Court issued an order providing Defendant two business

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days to file an opposition to Plaintiff’s Ex Parte Application. ECF No. 15. Defendant has

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not filed an opposition.
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In light of Defendant’s failure to file an opposition and the unambiguous terms of

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the Settlement Agreement, the Court hereby ORDERS that judgment be entered against

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Defendant in the amount of $74,800. The Clerk of the Court is directed to close this

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case.

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IT IS SO ORDERED.
Dated: April 28, 2015

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