Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al

Filing 38

ORDER DENYING PLAINTIFFS' REQUEST FOR ENTRY OF JUDGMENT AND FOR ISSUANCE OF WRIT OF EXECUTION. Signed by Judge Maxine M. Chesney on November 29, 2012. (mmclc2, COURT STAFF) (Filed on 11/29/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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No. C 10-1305 MMC

BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,

ORDER DENYING PLAINTIFFS’
REQUEST FOR ENTRY OF JUDGMENT
AND FOR ISSUANCE OF WRIT OF
EXECUTION

Plaintiffs,
v.
ADVANCED INTERIOR SYSTEMS, INC., et
al.,
Defendants.

/

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Before the Court is plaintiffs’ Request for Entry of Judgment and Request for

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Issuance of Writ of Execution as to defendant Robert Lee Brown (“Brown”), filed November

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27, 2012. By said request, plaintiffs ask the Court to enter judgment against Brown based

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on his failure to comply with the payment schedule set forth in the parties’ “Stipulation to

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Entry of Judgment” (“Stipulation”), which Stipulation provides, inter alia, that in the event of

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a default, “[p]laintiffs shall mail and email a written notice of default to [d]efendants’ attorney

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C. Patrick Stoll.” (See Stipulation, filed Mar. 28, 2011, ¶ 7; Order, filed Mar. 30, 2011.)

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In support thereof, plaintiffs submit a declaration stating that on October 17, 2012

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and October 25, 2012, “[p]laintiffs sent notice of [the above-referenced] default pursuant to

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paragraph 7 of the Stipulation.” (See Kaplan Decl. at ¶ 7.) The notices submitted as

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exhibits in support of plaintiffs’ request, however, are two letters sent directly to Brown, not

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a letter and email sent to Brown’s attorney as required by the Stipulation. (See Request

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Ex. B, Ex. C.)

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Accordingly, the request is hereby DENIED, without prejudice to plaintiffs’

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resubmitting said request upon proper notice having been provided to Brown in accordance

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with the Stipulation.

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IT IS SO ORDERED.

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Dated: November 29, 2012
MAXINE M. CHESNEY
United States District Judge

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