Crosthwaite et al v. Construction Materials Testing, Inc.

Filing 22

ORDER GRANTING 21 SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION. Signed by Judge Jeffrey S. White on 11/8/10. (jjoS, COURT STAFF) (Filed on 11/8/2010)

Crosthwaite et al v. Construction Materials Testing, Inc.

Doc. 22

Case3:09-cv-03103-JSW Document21

Filed11/05/10 Page1 of 3

1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 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 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C09-3103 JSW SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION

12 F. G. CROSTHWAITE, et al., as Trustees of the OPERATING ENGINEERS' HEALTH 13 AND WELFARE TRUST FUND, et al., 14 15 v. Plaintiffs,

16 CONSTRUCTION MATERIALS TESTING, INC., a California Corporation, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the parties hereto, that this Second Amended Judgment Pursuant to Stipulation shall be entered in the within action in favor of the Plaintiff OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND, et al. (collectively "Plaintiffs" or "Trust Funds") and against Defendant CONSTRUCTION MATERIALS TESTING, INC., a California Corporation, or successor entities, ("Defendant"), as follows: 1. All provisions of the Amended Judgment Pursuant to Stipulation, entered by the

Court on January 27, 2010, shall remain in full force and effect, except as follows. During the period October 2010 through December 2011, Paragraph 5(a) is herby amended to provide:
1 SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION CASE NO.: C09-3103 JSW
P:\CLIENTS\OE3CL\Construction Materials Testing, Inc\Pleadings\C09-3103 JSW Second Amended Stipulation 102710.DOC

Dockets.Justia.com

Case3:09-cv-03103-JSW Document21

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a.

On the 25th day of the four months from October 2010 through January

2 2011, Defendant shall pay to Plaintiffs the amount of $5,000.00 each month. 3 b. On the 25th day of the ten months from February 2011 through November

4 2011, Defendant shall pay to Plaintiffs the amount of $10,000.00 each month. 5 c. On the 25th day of December 2011, Defendant shall pay to Plaintiffs the

6 amount of $45,000.00. 7 2. Beginning on January 25, 2012 and continuing thereafter until all amounts due

8 under the Amended Judgment Pursuant to Stipulation are paid in full, Defendant shall make 9 payments as originally stipulated in Paragraph 5(a) of the Amended Judgment Pursuant to 10 Stipulation. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
2 SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION CASE NO.: C09-3103 JSW
P:\CLIENTS\OE3CL\Construction Materials Testing, Inc\Pleadings\C09-3103 JSW Second Amended Stipulation 102710.DOC

Case3:09-cv-03103-JSW Document21

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3.

All other terms and provisions of the Amended Judgment Pursuant to Stipulation

2 shall continue to remain in full force and effect. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED 20 21 22 23 24 25 26 27 28
3 SECOND AMENDED JUDGMENT PURSUANT TO STIPULATION CASE NO.: C09-3103 JSW
P:\CLIENTS\OE3CL\Construction Materials Testing, Inc\Pleadings\C09-3103 JSW Second Amended Stipulation 102710.DOC

Dated: November 2, 2010 By: Dated: November 2, 2010

CONSTRUCTION MATERIALS TESTING, INC. /S/Donald Rose Donald Rose, Owner/President DONALD ROSE /S/Donald Rose Individually, as Personal Guarantor

Dated: November 2, 2010

APPROVED AS TO FORM: /S/ Ronald B. Bass RONALD B. BASS, Esq. Attorney for Construction Materials Testing, Inc. and Donald Rose, individually

Dated: November 4, 2010 By.: Dated: November 3, 2010 By:

OPERATING ENGINEERS TRUST FUNDS /S/David Hayner David Hayner, Collections Manager SALTZMAN AND JOHNSON LAW CORPORATION /S/Muriel B. Kaplan Muriel B. Kaplan Attorneys for Plaintiffs

November 8 Dated: _________________, 2010

_______________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE