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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ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (ST. BAR #50246)
3030 Bridgeway, Suite 121
Sausalito, CA 94965
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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

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It appearing that Plaintiffs BOARD OF TRUSTEES OF THE SAN

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MATEO HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES WELFARE FUND; and

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PENSION FUND; SHERRI CHIESA, through their attorneys, and defendant,

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LADY LUCK GOURMET LLC, a Limited Liability Company, doing business as

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GO BISTRO, have stipulated that plaintiffs have and recover judgment

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from Defendant and it appearing that the stipulation is in all

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respects proper and that the stipulation provides for judgment against

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defendant in the amount of $136,110.25,

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IT

FURTHER

APPEARS

that

the

Stipulation

for

Judgment

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provided for a monthly installment payment plan, and that so long as

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all payments were made, judgment would not be entered.

The defendant

JUDGMENT PURSUANT TO STIPULATION

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only made one payment towards the contributions due pursuant to the

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Stipulation

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$30,676.28 received on March 22, 2011.

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plaintiffs could, in the event of a default, apply for judgment after

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10 days written notice to the defendant.

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See the Declaration of Michael Carroll in Support of Entry of Judgment

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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.

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IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs BOARD OF

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TRUSTEES OF THE SAN MATEO HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES

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WELFARE FUND; and PENSION FUND; SHERRI CHIESA, have and recover

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judgment form defendant, LADY LUCK GOURMET LLC, a Limited Liability

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Company, doing business as GO BISTRO, in the amount of $105,433.97,

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which amount is composed of the following:

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a. Contribution balances due and unpaid to Plaintiff Trust

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Funds for the months of September, October and November 2010 in the

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amount of $92,742.13;

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b.

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Trust Funds for the same months in the amount of $12,341.84;

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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.

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d.

Costs of suit incurred in this action in the amount of

$350.00.

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May 4, 2011
Dated: ______________________

seph C.

Judge Jo

Spero

H

ER

LI

RT

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JUDGMENT PURSUANT TO STIPULATION

FO

NO

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R NIA

________________________________
Magistrate Judge Joseph C. Spero

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UNIT
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S DISTRICT
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