Crosthwaite et al v. Shade Construction & Engineering, Inc. et al

Filing 57

AMENDMENT TO AMENDED JUDGMENT PURSUANT TO STIPULATION. Signed by Judge Jeffrey S. White on 4/13/09. (jjo, COURT STAFF) (Filed on 4/13/2009)

1 Muriel B. Kaplan, Esq. (SBN 124607) Shaamini A. Babu, Esq. (SBN 230704) 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, 7 GIL CROSTHWAITE, et al. 8 9 10 11 12 13 v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GIL CROSTHWAITE, et al., Plaintiffs, Case No.: C06-07608 JSW AMENDMENT TO AMENDED JUDGMENT PURSUANT TO STIPULATION

SHADE CONSTRUCTION & 14 ENGINEERING, INC., a California Corporation, and SCOTT SHADE, as an 15 individual, 16 17 18 19 20 Defendants.

The Amended Judgment Pursuant to Stipulation entered on September 22, 2008 ("Amended Judgment") is hereby amended as set forth below. In all other respects, the Amended Judgment remains unchanged.

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AMENDMENT TO AMENDED JUDGMENT CASE NO.: C06-07608 JSW
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1 Paragraphs 2 and 3: 2 3 4 5 6 7 8 9 10 11 12 13 Contributions Interest at 12% (through 4/8/09) Liquidated Damages Attorneys' Fees (through 4/2/09) Costs (through 4/2/09) TOTAL Since entry of the Amended Judgment, the parties acknowledge and agree that Defendants owe the following sums to Plaintiffs: Work Months 1/09 2/07 ­ 1/09 2/07 ­ 1/09 Amount $4,146.45 $21,467.22 $25,393.28 $16,946.00 $1,263.73 $69,216.68
plus interest

14 Paragraph 5: 15 16 17 18 19 20 Amended Judgment and the following: (a) (b) Before April 15, 2009, Defendants shall make an initial payment of $4,165.45; Thereafter, Defendants shall make monthly stipulated payments of $4,000.00, to be Defendant shall pay the sum of $43,823.40 (the total above less liquidated damages of $25,393.28) conditioned upon the timely compliance by Defendants with all of the terms of the

21 received by Saltzman & Johnson Law Corporation on or before the 15th of each month beginning 22 with May 15, 2009, and continuing through April 15, 2010. Defendant shall have the right to 23 24 25 26 increase said monthly payments at any time without penalty. (c) Simultaneously with the submission of each monthly stipulated payment specified

herein, Defendants shall submit a list of all jobs, including respective address, general contractor,

27 and owner, where the employees of Defendants are performing work or anticipate performing 28 work. Certified payroll must also be submitted for all public works. 2

AMENDMENT TO AMENDED JUDGMENT CASE NO.: C06-07608 JSW
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(d)

Beginning with contributions due for hours worked by Defendants' employees

2 during the month of March 2009, due on April 15, 2009, and delinquent if not received by April 3 4 5 6 7 8 applicable Collective Bargaining Agreement by timely submitting monthly reports and contributions to the Trust Funds. (e) Failure by Defendants to remain current in monthly stipulated payments and 25, 2009, and for every month thereafter until the Amended Judgment as amended herein is satisfied, Defendants shall remain current in contributions due to Plaintiffs under the terms of the

9 monthly contributions as specified in this paragraph shall constitute a default of the obligations 10 under the Amended Judgment as amended herein. In the event of such a default, the entire 11 12 13 14 balance of $69,216.68, reduced by principal payments received by Plaintiffs, but increased by any unpaid contributions then due, plus 15% liquidated damages and 12% per annum interest thereon as provided herein shall be immediately due, together with any additional attorneys' fees and costs

15 incurred by Plaintiffs in connection with the collection of all amounts owed by Defendants. 16 Dated: April 8, 2009 17 18 19 20 21 22 23 Dated: April 9, 2009 24 25 26 27 28 IT IS SO ORDERED. Dated:___________________________ April 13, 2009 ______________________________________ UNITED STATES MAGISTRATE JUDGE __________________/S/_________________ Wayne McBride _________________/S/__________________ Scott Shade Operating Engineers Trust Funds Dated: April 8, 2009 ________________/S/___________________ Scott Shade, President Scott Shade, Individually Shade Construction & Engineering, Inc.

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AMENDMENT TO AMENDED JUDGMENT CASE NO.: C06-07608 JSW
P:\CLIENTS\OE3CL\Shade Construction\Pleadings\C06-7608 JSW Amendment to Amended Judgment Pursuant to Stipulation 040809.DOC