Bay Area Painters and Tapers Pension Trust Fund et al v. Top Gun Architectural Finishes Inc et al

Filing 17

AMENDMENT TO STIPULATED JUDGMENT re 15 Stipulation,, filed by District Council 16 Northern California Apprentice and Journeyman Training Trust Fund, Bay Area Painters and Tapers Pension Trust Fund, Les Proteau, Doug Christopher, Marion Bourboulis, John Maggiore, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Charles Del Monte. Signed by Judge Maria-Elena James on 6/17/2009. (mejlc1, COURT STAFF) (Filed on 6/17/2009)

Case3:08-cv-05774-MEJ Document15

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 Shaamini A. Babu, Esq. (SBN 230704) SALTZMAN & JOHNSON LAW CORPORATION 3 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 4 [phone] [phone] ­ Facsimile 5 [e-mail] [e-mail] 6 [e-mail] 7 Attorneys for Plaintiffs 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case No.: C08-5774 CW 11 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, and its JOINT BOARD 12 OF TRUSTEES; LES PROTEAU and CHARLES SECOND AMENDMENT TO DEL MONTE, TRUSTEES; Et.Al. STIPULATED JUDGMENT 13 Plaintiffs, 14 v. 15 TOP GUN ARCHITECTURAL FINISHES, INC. 16 dba TOP GUN FINISHES, a California Corporation; RUBEN GONZALEZ, Individually; and MARCUS 17 DEAN CHARLES, Individually, 18 19 20 21 Defendants. THIS SERVES TO AMEND the Stipulated Judgment and Consent to Magistrate previously entered into between Plaintiffs BAY AREA PAINTERS & TAPERS PENSION

22 TRUST FUND, et al. ("Plaintiffs") and Defendants TOP GUN ARCHITECTURAL FINISHES, 23 INC. dba TOP GUN FINISHES, a California Corporation; RUBEN GONZALEZ, Individually; 24 and MARCUS DEAN CHARLES, Individually, (collectively "Defendants").. The paragraphs / 25 26 27 28 subsections below are the only ones to be amended, and refer to the paragraph / subsection in the initial Stipulated Judgment. Any other paragraph or provision not specifically identified and set

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1 forth herein remains unchanged. 2 3 4 5 6 7 Trust Funds...(in) amounts to be determined by said Administrator." Pursuant to the terms of the initial Stipulated Judgment, Defendants were required to post a bond in the amount of $147,760, 2. Original Stipulated Judgment: The Northern California Painters Master Agreement between District Council 16 and the NCPFC ("Agreement") requires at Article 19, Section 15, that Defendants post a bond "within ten (10) days of the mailing of notice by the Administrator of the

8 within 45 days of the execution of this original Stipulated Judgment by Defendants. In the event 9 Defendants were unable to obtain a bond, a cash deposit in lieu of bond was to be posted with the 10 Trust Funds' Administrator or other suitable / acceptable arrangements were to be made with 11 12 13 14 Plaintiffs. Amendment: The parties have agreed to amend this requirement as follows: Defendants shall post a bond in the amount of $50,000 within 7 days of the execution of this Amendment by

15 Defendants. In addition to providing the $50,000 bond, defendants shall also deposit cash in the 16 amount of $25,000. If Defendants stay current in contributions owed to the Trust Funds (no further 17 delinquencies) for 6 months (from hours worked in May, 2009 through November, 2009) 18 hereafter, the $25,000 cash will be returned to Defendants. The bond will remain in place. 19 20 21 22 23 24 25 26 27 28 3. In addition to the above amendment regarding the bond, Defendants shall pay the entire amount currently due under the initial Stipulated Judgment in one lump sum payment. This amount shall be paid within 7 days of the execution of this Amendment by Defendants. The total "payout" amount due is as follows: Balance due on Stipulation (as of May 21, 2009) Additional Interest on Stipulation (through May 31, 2009 Attorneys Fees and Costs (March 4, 2009 ­ May 21, 2009) TOTAL $43,802.61 $84.00 $3,130.00 $47,016.61

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

Dated: June 5, 2009

TOP GUN ARCHITECTURAL FINISHES, INC. dba TOP GUN FINISHES By: MICHAEL LAVOY President / s/

Dated: June 5, 2009

MICHAEL LAVOY /s/ Individually

Dated: June 5, 2009

MIKE MARTINEZ /s/ Individually

Dated: June 11, 2009

SALTZMAN AND CORPORATION /s/ Michele R. Stafford Attorneys for Plaintiffs

JOHNSON

LAW

APPROVED AS TO FORM Dated: June 9, 2009

LAW OFFICES MCDONALD

OF

GREGORY

D.

/s/ Gregory D. McDonald Attorneys for Defendants

June 17 25 Dated: _________________, 2009 26 27 28

________________________________________ UNITED STATES DISTRICT COURT JUDGE
James

UNIT ED

S

24 IT IS SO ORDERED.

S DISTRICT TE C TA

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