Crosthwaite et al v. TDW Construction, Inc. et al

Filing 52

STIPULATION AND ORDER Requesting Entry of Judgment. re 51 Stipulation,, filed by Gil Crosthwaite, Operating Engineers Industry Stabilization Trust Fund, Operating Engineers Annuity Trust Fund, Operating Engineers Vacation & Holiday Plan, Russ Burn , Pension Trust Fund For Operating Engineers, Apprentice and Journeyman Afffirmative Action Training Fund, Pensioned Operating Engineers Health and Welfare Fund, Operating Engineers and Participating Employers Pre-Apprenticeship, Heavy and Highway Co mmittee, Business Development Trust Fund, Contract Administration Fund, Operating Engineers Health And Welfare Trust Fund for Northern California, Operating Engineers Market Preservation Fund. Signed by Judge Chief Magistrate Judge MARIA-ELENA JAMES on 12/19/11. (bjtS, COURT STAFF) (Filed on 12/19/2011)

1 MURIEL B. KAPLAN (SBN 124607)
KRISTEN McCULLOCH (SBN 177558)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone]– Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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8

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(SAN FRANCISCO)

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GIL CROSTHWAITE and RUSS BURNS, in
11 their respective capacities as Trustees of the
OPERATING ENGINEERS HEALTH AND
12 WELFARE TRUST FUND FOR NORTHERN
CALIFORNIA; PENSION TRUST FUND
13 FOR OPERATING ENGINEERS;
PENSIONED OPERATING ENGINEERS
14 HEALTH AND WELFARE FUND;
OPERATING ENGINEERS ANNUITY
15 TRUST FUND; OPERATING ENGINEERS
AND PARTICIPATING EMPLOYERS PRE16 APPRENTICESHIP, APPRENTICE AND
JOURNEYMEN AFFIRMATIVE ACTION
17 TRAINING FUND; OPERATING
ENGINEERS VACATION AND HOLIDAY
18 PLAN, CONTRACT ADMINISTRATION
FUND; OPERATING ENGINEERS MARKET
19 PRESERVATION FUND; OPERATING
ENGINEERS INDUSTRY STABALIZATION
20 TRUST FUND; BUSINESS DEVELOPMENT
TRUST FUND; and HEAVY AND
21 HIGHWAY COMMITTEE,
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Case No.: C 06-06227 MEJ
JOINT STIPULATION REQUESTING
ENTRY OF JUDGMENT
AND PROPOSED ORDER
Judge:

HON. MARIA-ELENA JAMES

Plaintiffs,
vs.

24 TDW CONSTRUCTION INC., a California
corporation; and EDMUNDO M. ALIRE,
25 individually,
26

Defendants,

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P:\CLIENTS\OE3CL\TDW Construction\Pleadings\C07-6227 MEJ Jt Stip Entry of Judgment.DOC

JOINT STIPULATION REQUESTING
ENTRY OF JUDGMENT
Case No.: C 06-06227 MEJ

1

1.

Whereas the parties met and conferred in person on November 22, 2011 with

2 regards to the proper amounts due as ordered by the Court on November 14, 2011. See Court
3 Order at Docket No. 48, page 3, lines 7-8.
4

2.

Whereas the Court further ordered that the parties to file a status report or

5 stipulation by December 5, 2011. See Court Order at Docket No. 48, page 3, lines 8-10.
6

3.

Whereas the parties filed a Status Report on December 5, 2011 stating that they

7 anticipate they will reach agreement by December 12, 2011.
8

4.

IT IS HEREBY JOINTLY STIPULATED by and between the parties hereto, that

9 Judgment may be entered in the within action in favor of the plaintiffs and against defendants
10 TDW CONSTRUCTION INC., a California corporation; EDMUNDO M. ALIRE, individually as
11 follows:
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Amount owed as of date of settlement pursuant to
stipulated settlement ¶ 5. ............................................
Additional attorney’s fees (5/15/08– 4/30/10) incurred
pursuant to stipulated settlement ¶ 9.d, ......................
Less payments made under terms of stipulated
settlement....................................................................

$138,741.40
1,543.00
(76,543.02)

Amount still owing on stipulated settlement balance pursuant to
stipulated settlement ¶ 9.a. ....................................................................
Unpaid contribution balance owing through December 12, 2011
pursuant to stipulated settlement ¶ 9.a...................................................
Additional interest at 12% per annum owing through December 12,
2011 pursuant to stipulated settlement ¶ 9.a.........................................
Liquidated damages at 15% on unpaid contribution balance owing
through December 12, 2011 pursuant to stipulated settlement ¶ 9.a.....
Attorney’s fees incurred and owing through December 12, 2011
pursuant to stipulated settlement ¶ 9.d .................................................
Costs pursuant to stipulated settlement through December 12, 2011 ¶
9.d .........................................................................................................
TOTAL:

$62,198.38
75,088.52
14,664.47
71,307.90
9,320.50
$138.06
$232,717.83

24
25 Executed this 12th day of December 2011.
26
27

/S/

/S/
William D. Thomson,
Attorney for Defendants

Kristen McCulloch,
Attorney for Plaintiffs

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P:\CLIENTS\OE3CL\TDW Construction\Pleadings\C07-6227 MEJ Jt Stip Entry of Judgment.DOC

JOINT STIPULATION REQUESTING
ENTRY OF JUDGMENT
Case No.: C 06-06227 MEJ

1 IT IS SO ORDERED.
2

Judgment is hereby entered against TDW CONSTRUCTION INC., a California

3 corporation; and EDMUNDO M. ALIRE, individually, in the amount of $232,554.52 including
4 interest through December 12, 2011 and continuing thereafter at the interest rate of 12% per
5 annum through the date of satisfaction of Judgment.
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Date: December 19,2011 , 2011
The Honorable Maria-Elena James,
UNITED STATES DISTRICT COURT JUDGE

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P:\CLIENTS\OE3CL\TDW Construction\Pleadings\C07-6227 MEJ Jt Stip Entry of Judgment.DOC

JOINT STIPULATION REQUESTING
ENTRY OF JUDGMENT
Case No.: C 06-06227 MEJ