Board of Trustees of Laborers Health and Welfare Trust Fund for Northern California et al v. Halopoff & Sons, Inc.

Filing 52

ORDER granting Stipulation Regarding Liability of Corporate Defendant Halopoff & Sons, Inc. signed by Magistrate Judge Elizabeth D. Laporte: granting 49 Stipulation. (shyS, COURT STAFF) (Filed on 3/18/2015)

1
2
3
4
5
6

BARRY E. HINKLE, Bar No. 071223
TRACY L. MAINGUY, Bar No. 176928
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

7
Attorneys for Plaintiffs
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17

THE BOARD OF TRUSTEES, in their
capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA;
LABORERS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
LABORERS PERNSION TRUST FUND FOR
NORTHERN CALIFORNIA; and LABORERS
TRAINING AND RETRAINING TRUST
FUND FOR NORTHERN CALIFORNIA,

18
19
20
21
22
23
24
25
26

No. 13-cv-05329 EDL
STIPULATION REGARDING
LIABILITY OF CORPORATE
DEFENDANT HALOPOFF & SONS,
__________
INC.; [PROPOSED] ORDER
THEREON
Judge:

Hon. Elizabeth D. Laporte

Plaintiff,

v.
DAVID HALOPOFF, individually; DAVID
HALOPOFF, individually and doing business
as HALOPOFF & SONS, INC.; JOHN
HALOPOFF, Jr., individually; JOHN
HALOPOFF, Jr., individually and doing
business as HALOPOFF & SONS, INC.;JOHN
HALOPOFF, Sr., individually; JOHN
HALOPOFF, Sr., individually and doing
business as HALOPOFF & SONS, INC.;
HALOPOFF & SONS, INC.; and DOES 1
through 10,

27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

STIPULATION REGARDING LIABILITY OF CORPORATE DEFENDANT HALOPOFF & SONS, INC.;
[PROPOSED] ORDER THEREON
Case No. 13-cv-05329 EDL

1
The parties hereto hereby stipulate and agree as follows:
2
1. Plaintiffs, The Board of Trustees, in their capacities as Trustees of the Laborers Health
3
and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for
4
Northern California; Laborers Pension Trust Fund for Northern California; and Laborers Training
5
and Retraining Trust Fund for Northern California (hereinafter “Trust Funds” or “Plaintiffs”),
6
have brought the above-captioned action against Defendant Halopoff & Sons, Inc., (“Halopoff &
7
Sons, Inc.”), a California Corporation, and Defendant John Halopoff, Sr., individually and doing
8
business as Halopoff & Sons, Inc.. Plaintiffs seek payment of unpaid fringe benefit contributions,
9
liquidated damages, and interest and all attorneys’ fees, costs, and other reasonable expenses
10
incurred in connection with this action. The parties are desirous of preserving their resources and
11
those of the Court by avoiding litigation as to undisputed issues. To that end, the parties hereby
12
stipulate and agree:
13
2. At all relevant times, Halopoff & Sons, Inc. was, and is, signatory and bound to a
14
written collective bargaining agreement with the Northern California District Council of Laborers
15
(hereinafter “Union”), a labor organization within the meaning of section 301 of the Labor
16
Management Relations Act (29 U.S.C. § 185). Defendants became subject to all the terms and
17
conditions of the Laborers’ Master Agreement (hereinafter “Master Agreement”) by virtue of
18
signing a Memorandum of Agreement (hereinafter “Memorandum Agreement”) with the union,
19
which incorporated by reference the Master Agreement. The Master Agreement by its terms
20
incorporates the various Trust Agreements establishing each of the Plaintiff Trust Funds.
21
Hereinafter, the Memorandum Agreement, Master Agreement and Trust Agreements are referred
22
to collectively as the “Agreements”.
23
3. Halopoff & Sons, Inc. is liable to the Trust Funds for the following amounts pursuant
24
to the Agreements and Trust Agreements referenced in the Master Agreement: (1) unpaid
25
contributions owed to the Trust Funds in the amount of $273,681.37; (2) liquidated damages and
26
interest of $47,043.19; (3) the Trust Funds’ attorney fees incurred in relation to this action in the
27
amount of $22,691.25; and (4) costs in the amount of $1,886.72 incurred by the Trust Funds in
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

1
STIPULATION REGARDING LIABILITY OF CORPORATE DEFENDANT HALOPOFF & SONS, INC.;
[PROPOSED] ORDER THEREON
Case No. 13-cv-05329 EDL

1
2
3
4

bringing this action.
4. Halopoff & Sons, Inc. agrees that the Court shall include in any judgment entered in
the above-captioned proceeding the liability referenced in paragraph three above.
5. The parties further acknowledge that by entering into this Stipulation Regarding

5

Liability of Corporate Defendant Halopoff & Sons, Inc. (“Stipulation”), the Trust Funds in no

6

way waive their right to conduct an audit for the period of time covered by this action or to seek

7

payment of any additional amounts from Halopoff & Sons, Inc. if it is discovered that additional

8

unpaid contributions, which are unknown to the Trust Funds at the time of entering into this

9

stipulation, are due and owing.

10

4. Nothing in this Stipulation will alter Halopoff & Sons, Inc.’s ongoing obligations

11

under the collective bargaining agreement, including the obligation to submit all fringe benefit

12

contributions to the Trust Funds in a timely manner.

13

5. If the Trust Funds are required to consult or retain legal counsel with respect to the

14

enforcement of this Judgment, there shall be added to Halopoff & Sons, Inc.’s obligation under a

15

modification to this Stipulation reasonable attorneys’ fees, court costs and all other reasonable

16

expenses incurred by the Trust Funds in connection with such suit or claim, including any and all

17

appellate proceedings therein. The parties stipulate to this Court’s continuing jurisdiction, and

18

agree that the Trust Funds may seek enforcement of this Stipulation in this Court or in any court

19

of competent jurisdiction under section 664.6 of the California Code of Civil Procedure and

20

related provisions of federal law.

21

6. Defendant further stipulates and agrees that this Agreement shall be binding on all

22

successors, heirs, and assigns of Halopoff & Sons, Inc. regardless of whether it changes the name

23

or style or address of the business.

24

7. The provisions set forth in this Stipulation are not in violation of any state or federal

25

law. However, if any portion of this Stipulation is found to be in violation of any state or federal

26

law, that portion shall be excised and the remaining portions of this Stipulation shall remain in

27

full force and effect.

28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

8. The parties acknowledge that they have had the opportunity to be represented by
2
STIPULATED JUDGMENT; [PROPOSED] ORDER AND JUDGMENT
Case No. 13-cv-05329 EDL

Mar 13 15 03:O1p

Nadya HaloPQf~

559 566-11Q2

p. i

i

independent legal co~ir►set of their own choice throughout ail of the negatiatians that preceded the

2

execution oftliis stipulation. Tl~e parties further acknowledge that they have had adequate

3

opportunity to perform whatever investigation ar inquiry they may deem necessary in connection

4

with the subject matter of this Stxputatioz~ ~~~ior to its exeeutioa, and agree with the deli~~cry and

S

acceptance of the considerations specified in this Stipulation,
9. This StipulaGan may bs executed in eounterpa~rt. The parties agree that signahtras

6
7

transmiEt~d e~ecuonically or via facsimile shall be considered and tt~eatcd as ~n original signature.
IQ. The parties lzereta mutaally state that they have read the foregoing Stipulation and are

9 ' fully aw€~re of its contents and legal facts. This S~i}~ulattos~ constitutes the en#ire agreement of tha
IO

parties and is entered into a~i the dates b~tow indicated.

Dated: '3 ~ l3 — 1 ~
Y2

~~~~

/

OPOI~F, STt., individually

J

13
14
15

Bated: `3 — 13 — t ~

HALOP~QN

t6
J

17

~-

Ole

l$
.~.~~
19 Dated: ,~~1 ~~

LABQRERS TRUST FUNDS

za
21

ouuts Receivable Manager for 1'I~~n#iffs

22
23
2~
2S
2G
2?
28

.cc►rrn~ta. eocena
nos~~.o

,.o"
~"rxn

,u`V
cxs~~~u~

lull
3
STTi'U[.ATED 3UDGMLNT; ~PROPOSEQ] OR1~ER ANA JUptiM~NT

Case No, 13-ev-05329 EDL

___________ ORDER APPROVING STIPULATION
[PROPOSED]

1
2

Based upon the Stipulation Regarding Liability of Corporate Defendant Halopoff & Sons,

3

Inc., the Court finds that it is undisputed that Halopoff & Sons, Inc. is liable to the Trust Funds

4

for the following amounts pursuant to the Agreements and Trust Agreements referenced in the

5

Master Agreement: (1) unpaid contributions owed to the Trust Funds in the amount of

6

$273,681.37; (2) liquidated damages and interest of $47,043.19; (3) the Trust Funds’ attorney

7

fees incurred in relation to this action in the amount of $22,691.25; and costs in the amount of

8

$1,886.72 incurred by the Trust Funds in bringing this action, as set forth in the Stipulation of the

9

parties. The Court shall include the aforementioned liability in any judgment entered in the

10

above-captioned matter, and retains jurisdiction to enforce the terms of the parties Stipulation

11

Regarding Liability of Corporate Defendant Halopoff & Sons, Inc..

12
13

March 18, 2015
Dated:_______________________

14

HONORABLE ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

15
134724/802632

16
17
18
19
20
21
22
23
24
25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

4
STIPULATED JUDGMENT; [PROPOSED] ORDER AND JUDGMENT
Case No. 13-cv-05329 EDL