Northern California Glaziers, Architectural Metal and Glass Workers Pension Plan et al v. Levi

Filing 7

ORDER GRANTING 5 MOTION FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION. Signed by Judge JEFFREY S. WHITE on 1/5/12. (jjoS, COURT STAFF) (Filed on 1/5/2012)

Case3:11-cv-06722-JSW Document5 Filed01/04/12 Page1 of 4

1 Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 NORTHERN CALIFORNIA GLAZIERS,
ARCHITECTURAL METAL AND GLASS
11 WORKERS PENSION PLAN, et al.
Plaintiffs,

12
13

v.

Case No.: C11-6722 JSW
REQUEST FOR ENTRY OF JUDGMENT
PURSUANT TO STIPULATION;
DECLARATION OF BLAKE E.
WILLIAMS IN SUPPORT THEREOF
ORDER THEREON

14 HAYATI HAIM LEVI, individually and dba
THE GLASS MAN,
15
Defendant.
16
17
18

I, Blake E. Williams, declare:

19

1.

I am the attorney of record for Plaintiffs herein.

20

2.

On August 9, 2011, both parties entered into a Stipulation for Entry of Judgment

21 (“Stipulation”), establishing a payment plan to satisfy the amounts owed by Defendant to
22 Plaintiffs in this action.

A true and accurate copy of the Stipulation is attached hereto as

23 EXHIBIT A.
24

3.

Pursuant to ¶ 8 of the Stipulation, Hayati Haim Levi personally guaranteed all

25 amounts due for monthly contributions due for work performed by his employees.
26

4.

Pursuant to ¶ 3(a) of the Stipulation, beginning on August 15, 2011 and continuing

27 on or before the 15th day of each month for a period of twelve (12) months, Defendant was to
28 make monthly stipulated payments to Plaintiffs in the amount of $12,395.00.
-1REQUEST FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-6722 JSW
P:\CLIENTS\GLACL\The Glass Man\Pleadings\C11-6722 JSW - Request for Entry of Judgment 010412.DOC

Case3:11-cv-06722-JSW Document5 Filed01/04/12 Page2 of 4

1

5.

Defendant made three payments under the Stipulation, totaling $37,290.00, of

2 which $36,051.23 was principal. Therefore, as of October 4, 2011, the date of Defendant’s last
3 payment, $108,742.48 remains due and owing under the Stipulation.
4

6.

Pursuant to ¶ 3 of the Stipulation, a conditional waiver of $44,108.69 in liquidated

5 damages was subject to Defendant’s timely compliance with all obligations set forth in the
6 Stipulation, and Trustee approval, and became due and payable upon default of any of the terms of
7 the Stipulation.
8

7.

Ninety-one (91) days have elapsed from October 4, 2011, the date of the last

9 payment, to January 3, 2012. Therefore interest of $1,275.15, at the rate of 5% per annum, has
10 accrued through January 3, 2012.
11

8.

Pursuant to ¶¶ 5 and 7 of the Stipulation, Defendant was also required to remain

12 current in monthly contributions due to Plaintiffs under the Collective Bargaining Agreement.
13 Failure by Defendant to remain current in contributions constituted a default of the Stipulation and
14 all additional unpaid contributions incurred during the stipulated payment period were to be added
15 to and become part of the Judgment balance, together with 5% per annum interest (from the first
16 of the month following the month due, until paid) and 20% liquidated damages. Defendant failed
17 to pay contributions due for the months of July through October 2011, in the combined amount of
18 $129,179.57. A breakdown of the contributions, liquidated damages, and interest, is shown in the
19 chart in ¶ 12 below. Defendant also failed to report or pay November 2011, thereby constituting a
20 default of the Stipulation.
21

Pursuant to the policies and procedures of the Trust Fund, where no contribution

22 reports have been provided, contributions are estimated based on the last amount reported by
23 Defendant. Defendant reported $28,569.06 due for the hours worked in October 2011. A true and
24 accurate copy of the October 2011 contribution report is attached hereto as EXHIBIT B.
25 Therefore, contributions for November 2011 are estimated at $28,569.06 and liquidated damages
26 at $5,713.81 for the estimated reported month. Interest for October 2011 is estimated at $11.74
27 (through January 3, 2012). All the above-referenced amounts are also due and payable and added
28 as part of the Judgment.
-2REQUEST FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-6722 JSW
P:\CLIENTS\GLACL\The Glass Man\Pleadings\C11-6722 JSW - Request for Entry of Judgment 010412.DOC

Case3:11-cv-06722-JSW Document5 Filed01/04/12 Page3 of 4

1

9.

In accordance with ¶¶ 3(f) and 7 of the Stipulation, Defendant shall be considered

2 to be in default under the Stipulation if any required stipulated payment is not timely received or
3 Defendant failed to remain current in its contributions.
4

10.

In the event of default and failure by Defendant to cure such default, ¶ 10(b)

5 specifically authorizes Plaintiffs to file the Stipulation with the Court for the purpose of having
6 Judgment entered. Paragraph 10(c) provides that a Writ of Execution may be obtained against
7 Defendant without further notice. Paragraph 10(d) provides that Defendant expressly waives all
8 rights to stay of execution and appeal.
9

11.

Pursuant to ¶ 11 of the Stipulation, Defendant shall pay all additional costs and

10 attorneys’ fees incurred by Plaintiffs in connection with the collection and allocation of the
11 amounts owed under the Stipulation. Attorneys’ fees through July 27, 2011 are included in the
12 Stipulation. Additional attorneys’ fees in the amount of $4,511.50 were incurred between July 28,
13 2011 through January 3, 2012, and cost of suit in the amount of $350.00, in Plaintiffs’ attempts to
14 revise multiple payment plans per Defendant’s request; satisfy Defendant’s multiple defaults on
15 the Stipulation and other amounts due under the Stipulation; correspondence with fund
16 administrators; numerous correspondence with Defendant; and in the preparation of this Request
17 for Entry of Judgment.
18

12.

The amounts due under the Stipulation for Entry of Judgment are therefore as

19 follows:
20
21

Balance due under Stipulation
Conditionally Waived Liquidated Damages
5% Interest (through 1/3/12)

$108,742.48
$44,108.69
$1,275.15

22

July 2011

Contributions
20% Liquidated Damages
5% Interest (through 1/3/12)

$36,030.27
$7,206.05
$616.96

August 2011

Contributions
20% Liquidated Damages
5% Interest (through 1/3/12)

$36,094.98
$7,219.00
$469.73

September 2011

Contributions
20% Liquidated Damages
5% Interest (through 1/3/12)

$28,485.08
$5,697.02
$249.73

$154,126.32

23
24

$43,853.28

25
26
27

$43,783.71

$34,431.83

28

-3REQUEST FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-6722 JSW
P:\CLIENTS\GLACL\The Glass Man\Pleadings\C11-6722 JSW - Request for Entry of Judgment 010412.DOC

Case3:11-cv-06722-JSW Document5 Filed01/04/12 Page4 of 4

1

October 2011

Contributions
20% Liquidated Damages
5% Interest (through 1/3/12)

$28,569.06
$5,713.81
$113.06

November 2011

Contributions (est.)
20% Liquidated Damages (est.)
5% Interest (through 1/3/12) (est.)

$28,569.06
$5,713.81
$11.74

2
3

$34,395.93

4
5
6

SUB-TOTAL:
Attorneys’ Fees (7/28/11 – 1/3/12)
Cost of Suit
TOTAL:

7
8

$34,294.61
$344,885.68
$4,511.50
$350.00
$349,747.18

I declare under penalty of perjury that the foregoing is true of my own knowledge and if

9 called upon I could competently testify thereto.
10

Executed this 4th day of January, 2012, at San Francisco, California.

11

_____________/s/_____________
Blake E. Williams

12
13
IT IS SO ORDERED.
14

Judgment is hereby entered against Hayati Haim Levi, individually and doing business as
15
The Glass Man, in the amount of $349,747.18 including interest through January 3, 2012 and
16
continuing thereafter at the interest rate of 5% per annum through the date of satisfaction of
17

Judgment. The Clerk shall close the file.

18
19
20
21

January 5, 2012
Dated: _____________________

_______________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

22
23
24
25
26
27
28
-4REQUEST FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION
Case No.: C11-6722 JSW
P:\CLIENTS\GLACL\The Glass Man\Pleadings\C11-6722 JSW - Request for Entry of Judgment 010412.DOC