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

Filing 21

JUDGMENT PURSUANT TO STIPULATION. Signed by Judge Joseph C. Spero on 5/4/11. (klhS, COURT STAFF) (Filed on 5/5/2011)

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1 4 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (ST. BAR #50246) 3030 Bridgeway, Suite 121 Sausalito, CA 94965 Telephone: (415) 729-9006 Facsimile: (415) 729-9023 5 Attorneys for Plaintiffs 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 BOARD OF TRUSTEES OF THE SAN MATEO HOTEL, et al., ) ) ) Plaintiffs, ) vs. ) ) ) LADY LUCK GOURMET LLC, a Limited ) Liability Company, doing business as ) GO BISTRO ) ) Defendant. ) ____________________________________ ) NO. C 10 4719 JCS JUDGMENT PURSUANT TO STIPULATION 18 It appearing that Plaintiffs BOARD OF TRUSTEES OF THE SAN 19 MATEO HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES WELFARE FUND; and 20 PENSION FUND; SHERRI CHIESA, through their attorneys, and defendant, 21 LADY LUCK GOURMET LLC, a Limited Liability Company, doing business as 22 GO BISTRO, have stipulated that plaintiffs have and recover judgment 23 from Defendant and it appearing that the stipulation is in all 24 respects proper and that the stipulation provides for judgment against 25 defendant in the amount of $136,110.25, 26 IT FURTHER APPEARS that the Stipulation for Judgment 27 provided for a monthly installment payment plan, and that so long as 28 all payments were made, judgment would not be entered. The defendant JUDGMENT PURSUANT TO STIPULATION 1 1 only made one payment towards the contributions due pursuant to the 2 Stipulation 3 $30,676.28 received on March 22, 2011. 4 plaintiffs could, in the event of a default, apply for judgment after 5 10 days written notice to the defendant. 6 See the Declaration of Michael Carroll in Support of Entry of Judgment 7 19 4 Pursuant to Stipulation filed as Document #___ on May __, 2011. for Judgment. That payment was in the amount of The Stipulation provided that Such notice has been given. 8 IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs BOARD OF 9 TRUSTEES OF THE SAN MATEO HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES 10 WELFARE FUND; and PENSION FUND; SHERRI CHIESA, have and recover 11 judgment form defendant, LADY LUCK GOURMET LLC, a Limited Liability 12 Company, doing business as GO BISTRO, in the amount of $105,433.97, 13 which amount is composed of the following: 14 a. Contribution balances due and unpaid to Plaintiff Trust 15 Funds for the months of September, October and November 2010 in the 16 amount of $92,742.13; 17 b. 18 Trust Funds for the same months in the amount of $12,341.84; 19 20 Liquidated damages due and unpaid to the Plaintiff c. Interest due pursuant to contract in an amount to be computed after all payments are made. 21 d. Costs of suit incurred in this action in the amount of $350.00. 23 May 4, 2011 Dated: ______________________ seph C. Judge Jo Spero H ER LI RT 27 28 JUDGMENT PURSUANT TO STIPULATION FO NO 26 R NIA ________________________________ Magistrate Judge Joseph C. Spero A 25 UNIT ED 24 S DISTRICT TE C TA RT U O S 22 N F D IS T IC T O R C 2

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