Board of Trustees of the San Mateo Hotel Employees & Restaurant Employees Welfare Fund et al v. Lady Luck Gourmet LLC

Filing 30

JUDGMENT It is hereby ORDERED that JUDGMENT be entered in favor of Plaintiffs Board of Trustees of the San Mateo Hotel Employees and Restaurant Employees Welfare Fund, Pension Fund, and Sherri Chiesa against Defendant Lady Luck Gourmet LLC, doing bus iness as Go Bistro, in the amount of $15,552.25, which amount is composed of the following: liquidated damages in the amount of $15,202.25 and costs of suit incurred in this action in the amount of $350.00.. Signed by Judge Samuel Conti on 10/18/2011. (sclc1, COURT STAFF) (Filed on 10/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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BOARD OF TRUSTEES OF THE SAN MATEO )
HOTEL, et al.,
)
)
Plaintiffs,
)
)
v.
)
)
LADY LUCK GOURMET LLC,
)
)
Defendant.
)
)

Case No. 10-2814 SC
ORDER GRANTING ENTRY OF
JUDGMENT PURSUANT TO
STIPULATION

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Before the Court is a Motion for Entry of Judgment against

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Defendant Lady Luck Gourmet LLC ("Defendant") brought by Plaintiffs

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Board of Trustees of the San Mateo Hotel, et al. ("Plaintiffs").

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ECF No. 26 ("Mot.").

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Plaintiffs brought this action for violation of the Employee

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Retirement Income Security Act ("ERISA"), alleging that Defendant

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failed to pay moneys due under a collective bargaining agreement

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and trust agreement.

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2010, Plaintiffs and Defendant entered into a Stipulation for

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Judgment providing that Defendant would make payments on the

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contributions due.

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Stipulation, the parties agreed that failure of Defendant to make

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ECF No. 1 ("Compl.") ¶ 7.

On October 4,

ECF No. 9 ("Stip. for J.") at 1-2.

Under the

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monthly payments in a timely manner would result in the entry of

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judgment in the amount of $91,563.51, reduced by any offsets for

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payments made, after ten days written notice to Defendant.

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2.

Id. at

Defendant made payments for contributions due for January

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through March 2010; however, contributions for subsequent months

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were not made when they came due.

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amount of $15,552.25 remains due and owing.

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2011, Plaintiffs' attorney informed Defendant that it was

Carroll Decl.1 ¶ 4.
Id. ¶ 5.

A total
On May 11,

United States District Court

For the Northern District of California

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delinquent on its contributions and demanded immediate payment of

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$15,552.25.

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2011, Plaintiffs filed this Motion seeking entry of judgment in the

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amount of $15,552.25.

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deadline for Defendant to file an opposition has passed, and

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Defendant has not done so.

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Id. Ex 2 ("May 11, 2011 Carroll Fax").

On August 24,

Mot.; ECF No. 28 ("Proposed Order").

The

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Michael J. Carroll ("Carroll"), Plaintiffs' attorney, submitted a
declaration in support of the Motion. ECF No. 27 ("Carroll
Decl.").

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Accor
rdingly, it is he
ereby ORD
DERED tha JUDGME
at
ENT be en
ntered in
n

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avor of Plaintiff Board of Trust
P
fs
tees of t
the San M
Mateo Hot
tel
fa

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Em
mployees and Rest
taurant E
Employees Welfare Fund, P
s
e
Pension F
Fund, and
d

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Sh
herri Chi
iesa agai
inst Defe
endant La
ady Luck Gourmet LLC, doi
ing

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bu
usiness as Go Bis
a
stro, in the amou
unt of $1
15,552.25 which amount i
5,
is

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co
omposed of the fo
o
ollowing:

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$15,202.25 and cos
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sts of su
uit incur
rred in t
this acti
ion in th amount
he
t

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of $350.00.
f

liquid
dated dam
mages in the amou
unt of

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United States District Court

For the Northern District of California

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IT IS SO ORDE
S
ERED, ADJ
JUDGED, a
and DECRE
EED.

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Dated Octobe 18, 20
d:
er
011
UNITED ST
U
TATES DIS
STRICT JU
UDGE

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