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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?