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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 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. / 18 19 Before the Court is plaintiffs’ Request for Entry of Judgment and Request for 20 Issuance of Writ of Execution as to defendant Robert Lee Brown (“Brown”), filed November 21 27, 2012. By said request, plaintiffs ask the Court to enter judgment against Brown based 22 on his failure to comply with the payment schedule set forth in the parties’ “Stipulation to 23 Entry of Judgment” (“Stipulation”), which Stipulation provides, inter alia, that in the event of 24 a default, “[p]laintiffs shall mail and email a written notice of default to [d]efendants’ attorney 25 C. Patrick Stoll.” (See Stipulation, filed Mar. 28, 2011, ¶ 7; Order, filed Mar. 30, 2011.) 26 In support thereof, plaintiffs submit a declaration stating that on October 17, 2012 27 and October 25, 2012, “[p]laintiffs sent notice of [the above-referenced] default pursuant to 28 paragraph 7 of the Stipulation.” (See Kaplan Decl. at ¶ 7.) The notices submitted as 1 exhibits in support of plaintiffs’ request, however, are two letters sent directly to Brown, not 2 a letter and email sent to Brown’s attorney as required by the Stipulation. (See Request 3 Ex. B, Ex. C.) 4 Accordingly, the request is hereby DENIED, without prejudice to plaintiffs’ 5 resubmitting said request upon proper notice having been provided to Brown in accordance 6 with the Stipulation. 7 IT IS SO ORDERED. 8 9 Dated: November 29, 2012 MAXINE M. CHESNEY United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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