Crosthwaite et al v. DJK Construction Inc

Filing 30

JUDGMENT PURSUANT TO 28 STIPULATION. Judgment shall be and is hereby entered in favor of Plaintiffs and against Defendant in the amount of $15,663.26. The calendar in this matter is vacated, and the Court shall retain jurisdiction over this matter. Signed by Judge William H. Orrick on 11/01/2013. (jmdS, COURT STAFF) (Filed on 11/1/2013)

Muriel B. Kaplan, Esq. (SBN124607)
1 Michele R. Stafford, Esq. (SBN 172509)
SALTZMAN & JOHNSON LAW CORPORATION
2 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
3 [phone]
[phone] – Facsimile
4 [e-mail]
[e-mail]
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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F. G. CROSTHWAITE, et al., as Trustees of
the OPERATING ENGINEERS’ HEALTH
AND WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA, et al.

JUDGMENT PURSUANT TO
STIPULATION

Plaintiffs,
v.
DJK CONSTRUCTION, INC., a California
corporation,
Defendant.

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Case No.: C12-5088 WHO

IT IS HEREBY STIPULATED by and between the parties hereto, that Judgment may be

17 entered in the within action in favor of the Plaintiffs F.G. CROSTHWAITE, et al. (collectively
18 “Plaintiffs” or “Trust Funds”) and against Defendant DJK CONSTRUCTION, INC., a California
19 corporation (“Defendant”), as follows:
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1.

Defendant

entered

into

a

valid

Collective

Bargaining

Agreement

with

21 the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers,

22 AFL-CIO (hereinafter "Bargaining Agreement"). This Bargaining Agreement has continued in full
23 force and effect to the present time.
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2.

Defendant has become indebted to the Plaintiffs as follows:
2/12-4/12 Contributions
$8,933.82
10% Interest on 5/11, 12/11-4/12
$961.44
Subtotal:
Attorneys’ Fees (through 8/11/13)
Costs of Suit (through 8/11/13)
TOTAL

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$9,895.26
$5,107.00
$661.00
$15,663.26
-1-

JUDGMENT PURSUANT TO STIPULATION
Case No.: C12-5088 WHO
G:\WHOALL\_CV\2012\2012_05088_Crosthwaite_v_DJK_Construction_Inc\12-cv-05088-WHO-Proposed_Judgment_With_Atty_Signature.docx

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2

3.

DALTON EUGENE DE ORNELLAS acknowledges that he is the CEO/President of

3 Defendant DJK CONSTRUCTION, INC., a California corporation, and is authorized to enter this
4 Stipulation.
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4.

This Stipulation is limited to the agreement between the parties with respect to the

6 specified delinquent contributions and related sums enumerated herein, owed by Defendant to the
7 Plaintiffs, and does not in any manner relate to withdrawal liability claims, if any.
5.

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Should any provision of this Stipulation be declared or determined by any court of

9 competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
10 enforceability of the remaining parts, terms or provisions shall not be affected thereby and said
11 illegal, unenforceable or invalid part, term, or provision shall be deemed not to be part of this
12 Stipulation.
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6.

This Stipulation contains all of the terms agreed by the parties and no other

14 agreements have been made. Any changes to this Stipulation shall be effective only if made in
15 writing and signed by all parties hereto.
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7.

This Stipulation may be executed in any number of counterparts and by facsimile,

17 each of which shall be deemed an original and all of which shall constitute the same instrument.
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8.

The Parties herein stipulate that Judgment shall be and is hereby entered in favor of

19 Plaintiffs and against Defendant in the amount of $15,663.26.
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-2JUDGMENT PURSUANT TO STIPULATION
Case No.: C12-5088 WHO
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9.

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All parties represent and warrant that they have consulted with counsel of their own

choosing in connection with entering this Stipulation under the terms and conditions set forth
herein, and that they enter into this Stipulation voluntarily.

6 Dated: October 29, 2013

DJK CONSTRUCTION, INC., a California
corporation

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By:

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/S/
Dalton Eugene DeOrnellas,
its RMO/CEO/President

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12 Dated: October 30, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Muriel B. Kaplan, Esq.
Attorneys for Plaintiffs

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17 APPROVED AS TO FORM.
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By:

Dated: October 29, 2013

/S/
Rodney Mariani, Esq. (SBN 69918)
Attorney for DJK Construction, Inc.

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IT IS SO ORDERED. IT IS FURTHER ORDERED that the calendar in this matter is vacated, and
22 that the Court shall retain jurisdiction over this matter.
23 Dated: November 1, 2013
UNITED STATES DISTRICT JUDGE
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-3JUDGMENT PURSUANT TO STIPULATION
Case No.: C12-5088 WHO
G:\WHOALL\_CV\2012\2012_05088_Crosthwaite_v_DJK_Construction_Inc\12-cv-05088-WHO-Proposed_Judgment_With_Atty_Signature.docx