Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. Pacific Heating & Sheet Metal, Inc.

Filing 8

JUDGMENT Pursuant to Stipulation. Signed by Magistrate Judge Elizabeth D. Laporte on July 21, 2010. (edllc2, COURT STAFF) (Filed on 7/21/2010)

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Board of Trustees of the Sheet Metal Workers Health Care Plan of No...ic Heating & Sheet Metal, Inc. Doc. 8 Case3:10-cv-02464-EDL Document6 Filed07/13/10 Page1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (ST. BAR #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: (415) 392-5431 Facsimile: (415) 392-1978 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BOARD OF TRUSTEES OF THE SHEET METAL ) ) WORKERS, et al., ) ) Plaintiffs, ) ) vs. ) ) PACIFIC HEATING & SHEET METAL, a California corporation., ) ) ) Defendant. ) ____________________________________ ) NO.C 10-2464 EDL JUDGMENT PURSUANT TO STIPULATION It appearing that Plaintiffs BOARD OF TRUSTEES OF THE SHEET METAL WORKERS HEALTH CARE PLAN OF NORTHERN CALIFORNIA, SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS LOCAL 104 VACATION, HOLIDAY SAVINGS PLAN; BRUCE WORD, TRUSTEE, and defendant, PACIFIC HEATING & SHEET METAL, a California corporation have entered into a stipulation which provided for judgment against Defendant in the amount of $89,213.58, IT IS HEREBY ORDERED AND ADJUDGED that plaintiffs BOARD OF TRUSTEES OF THE SHEET METAL WORKERS HEALTH CARE PLAN OF NORTHERN CALIFORNIA, SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS LOCAL 104 VACATION, HOLIDAY SAVINGS PLAN; BRUCE WORD, TRUSTEE, have JUDGEMENT PURSUANT TO STIPULATION 1 Dockets.Justia.com Case3:10-cv-02464-EDL Document6 Filed07/13/10 Page2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and recovered judgment against defendant, PACIFIC HEATING & SHEET METAL, a California corporation, in the amount of $89,213.58, which is composed of the following: a. Contribution due and unpaid to Plaintiff Trust Funds for an March and April 2010 in the amount of $73,052.31; b. Liquidated damages due and unpaid to the Plaintiff Trust Funds for the same period in the amount of $14,610.46; c. $900.81; d. of $300.00; and e. $350.00. IT IS FURTHER ORDERED AND ADJUDGED and agreed by the parties hereto that an abstract of judgment will be recorded but execution will not issue on the judgment so long as defendant fully complies with the following conditions: 1. Defendant shall make payments of all ongoing amounts Costs of suit incurred in this action in the amount of Attorneys fees due pursuant to contract in the amount Interest due pursuant to contract in the amount of to become due to the SHEET METAL WORKERS OF NORTHERN CALIFORNIA TRUST FUNDS pursuant to contract between defendant and Local Union 104 of the Sheet Metal Workers' International Association for hours worked by defendant's employees, commencing with payment for May 2010, hours due on or before June 20, 2010 and continuing until the full amount of this judgment is paid. Each of said payments will be made by check payable to SHEET METAL WORKERS TRUST FUNDS and sent to the post office box listed on the report form. 2. Defendant shall pay the amount of the contributions under paragraph (a) in the amount of $73,052.31 in weekly installment JUDGEMENT PURSUANT TO STIPULATION 2 Case3:10-cv-02464-EDL Document6 Filed07/13/10 Page3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 payments of $5,000.00 commencing June 25, 2010. Each subsequent installment shall be in the amount of $5,000.00, and paid each Friday thereafter until the total due is paid. Said installment payments will be made by check payable to the SHEET METAL WORKERS TRUST FUNDS and sent to the collection attorney, ERSKINE & TULLEY, 220 Montgomery Street, Suite 303, San Francisco, California Michael Carroll. 3. Once the above amount of $73,052.31 is paid in full, 94104, Attention: the Ways & Means Committee for Plaintiff Trust Funds will exercise it's discretion and review defendant's eliqibility for a reduction of the liquidated damages, interest, attorneys' fees and costs owed as stated in paragraphs (b), (c), (d), and (e) above. If defendant is not eligible for a complete waiver of the amounts due under paragraphs (b), (c), (d), and (e), defendant shall make payment on the remaining balance of $16,161.27 in as many additional weekly installments of $5,000.00 as may be required to pay the full amount of the judgment, or such lesser sum agreed to by Plaintiff Trust Funds. 4. Plaintiffs and Defendant each understand and agree that any modification of payments must be made in writing and agreed to by both the Plaintiffs and the Defendant. IT IS FURTHER ORDERED AND ADJUDGED that upon failure of the Defendant to make any of their monthly contribution payments pursuant to the collective bargaining agreement as set forth in paragraph 1 above, and the monthly installment payments in a timely manner as required pursuant to the terms of paragraphs 2 and 3 of this stipulation, execution on the entire judgment in the amount of $89,213.58 reduced by any offsets for payments made, shall issue only after ten (10) days written notice to the Defendant that Plaintiffs JUDGEMENT PURSUANT TO STIPULATION 3 Case3:10-cv-02464-EDL Document6 Filed07/13/10 Page4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or Plaintiffs' attorney declares a default and intends to file a Declaration stating that a default has occurred on the part of the defendant. upon the Defendant waives notice of any hearing held by the court earlier execution of this judgment or Plaintiffs' declaration. July 21 Dated: ________, 2010 ___________________________ Elizabeth D. Laporte JUDGEMENT PURSUANT TO STIPULATION 4

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