Board of Trustees of the Sheet Metal Workers Health Care Trust of Northern California et al v. A Quality Heating & Air, Inc.

Filing 19

JUDGMENT, ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Maria-Elena James on 9/14/2011. (cdnS, COURT STAFF) (Filed on 9/14/2011)

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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 BOARD OF TRUSTEES OF THE SHEET METAL ) WORKERS, et al., ) ) Plaintiffs, ) ) vs. ) ) A QUALITY HEATING & AIR, ) ) Defendant. ) ____________________________________ ) NO. C 11 1033 MEJ JUDGMENT PURSUANT TO STIPULATION 17 It appearing that Plaintiffs BOARD OF TRUSTEES OF THE SHEET 18 METAL WORKERS HEALTH CARE PLAN OF NORTHERN CALIFORNIA, SHEET METAL 19 WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS 20 LOCAL 104 VACATION, HOLIDAY SAVINGS PLAN; BRUCE WORD, TRUSTEE, through 21 their attorneys, and defendant, A QUALITY HEATING & AIR, INC., a 22 California corporation, have Stipulated that plaintiffs have and 23 recover judgment from defendant and it appearing that the Stipulation 24 is in all respects proper and that the Stipulation provides for 25 judgment against defendant in the amount of $6,100.48, 26 IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs BOARD OF 27 TRUSTEES OF THE SHEET METAL WORKERS HEALTH CARE PLAN OF NORTHERN 28 CALIFORNIA, SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, JUDGMENT PURSUANT TO STIPULATION 1 1 SHEET METAL WORKERS LOCAL 104 VACATION, HOLIDAY SAVINGS PLAN; BRUCE 2 WORD, TRUSTEE, have and recover judgment from defendant, A QUALITY 3 HEATING & AIR, INC., a California corporation, in the amount of 4 $6,100.48, which is composed of the following: 5 1. Liquidated damages due and unpaid to the Plaintiff 6 Trust Funds for various months during the period December 2009 through 7 November 2010 on Employer No. 316485 and 316486 in the amount of 8 $6,100.48. 9 IT IS FURTHER ORDERED AND ADJUDGED that an abstract of 10 judgment will be recorded but execution will not issue on the judgment 11 so long as defendant fully complies with the following conditions: 12 1. Defendant shall make payments of all ongoing amounts 13 to become due to the SHEET METAL WORKERS OF NORTHERN CALIFORNIA TRUST 14 FUNDS pursuant to contract between defendant and Local Union 104 of 15 the Sheet Metal Workers' International Association for hours worked 16 by defendant's employees, commencing with payment for July 2011 hours 17 due on or before August 20, 2011 and continuing until the full amount 18 of this judgment is paid. Each of said payments will be made by check 19 payable to SHEET METAL WORKERS TRUST FUNDS and sent to the Benesys. 20 2. Defendant shall pay the amount of the liquidated damages 21 in five equal monthly installments of $1,220.09 commencing on August 22 25, 2011 and continuing on the 25th day of each of the four months 23 thereafter until the full amount is paid. Checks shall be made payable 24 to SHEET METAL WORKERS TRUST FUNDS and sent to the collection 25 attorney, ERSKINE & TULLEY, 3030 Bridgeway, Suite 121, Sausalito, CA 26 94965, Attention: Michael Carroll. 27 3. Plaintiffs and Defendant each understand and agree that 28 any modification of payments must be made in writing and agreed to by JUDGMENT PURSUANT TO STIPULATION 2 1 both the Plaintiffs and the Defendant. 2 IT IS FURTHER ORDERED AND ADJUDGED that upon failure of the 3 Defendant to make any of it’s monthly contribution payments pursuant 4 to the collective bargaining agreement as set forth in paragraph 1 5 above, and the monthly installment payments in a timely manner as 6 required pursuant to the terms of paragraph 2 of the stipulation, 7 execution on the entire judgment reduced by any offsets for payments 8 made, shall issue only after ten (10) days written notice to the 9 Defendant that Plaintiffs or Plaintiffs’ attorney declares a default 10 and intends to file a Declaration stating that a default has occurred 11 on the part of the defendant. 12 held by the court upon the earlier execution of this judgment or 13 Plaintiffs’ declaration. Defendant waives notice of any hearing 14 Defendant is not represented by counsel and has been advised 15 to seek the advice of counsel before signing this Stipulation for 16 Judgment. 17 September 14, 2011 Dated: __________________ ________________________________ Magistrate Maria-Elena James 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT PURSUANT TO STIPULATION 3

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