The Board of Trustees vs Lone Star Landscape Inc

Filing 18

ORDER by Judge James Donato granting 17 FOR ENTRY OF JUDGMENT; ORDER AND JUDGMENT (lrcS, COURT STAFF) (Filed on 7/28/2014)

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BARRY E. HINKLE, Bar No. 071223
PATRICIA A. DAVIS, Bar No. 179074
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
EZEKIEL D. CARDER, Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [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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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 PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; LABORERS
ANNUITY TRUST FUND FOR NORTHERN
CALIFORNIA and LABORERS TRAINING
AND RETRAINING TRUST FUND FOR
NORTHERN CALIFORNIA,

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Plaintiffs,
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v.
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LONE STAR LANDSCAPE, INC., a California )
Corporation,
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Defendant.
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No.

C 14-01541 JD

STIPULATION FOR ENTRY OF
JUDGMENT; ORDER AND
JUDGMENT

Honorable James Donato

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The parties hereto hereby stipulate and agree as follows:
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1. Plaintiffs, The Board of Trustees, in their capacities as Trustees of the Laborers Health
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and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for
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Northern California; Laborers Pension Trust Fund for Northern California; and Laborers Training
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and Retraining Trust Fund for Northern California (hereinafter “Trust Funds” or “Plaintiffs”), have

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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STIPULATION FOR ENTRY OF JUDGMENT; PROPOSED ORDER AND JUDGMENT
Case No. C 14-01541 JD

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brought the above-captioned action against Defendant Lone Star Landscape, Inc. (hereinafter

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referred to as “Defendant”). Plaintiffs sought payment of unpaid fringe benefit contributions,

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liquidated damages, and interest. Plaintiffs are also seeking all attorneys’ fees, costs, and other

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reasonable expenses incurred in connection with this action. The parties are desirous of settling

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this action and as such, the parties hereby stipulate and agree to settle this action under the

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following terms:

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2. Defendant agrees to have judgment entered against it as follows:

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a. Judgment shall be entered against Defendant and in favor of Plaintiffs in the amount

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of $377,260.27, comprised of:

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 Delinquent contributions and liquidated damages and interest of

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$288,119.99 in unpaid contributions;

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 $44,432.26 liquidated damages and interest on contributions paid, but paid

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late,

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 $40,708.02 liquidated damages and interest on contributions reported, but

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not paid;

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 $4,000 in attorneys’ fees; and costs.

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b. Plaintiffs are entitled pursue to all legal remedies to collect this judgment, including,

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but not limited to, the filing of liens against any litigation in which Defendant is a

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party. Interest of 10% per annum will accrue on the outstanding amounts owed

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under the settlement agreement from the date of entry of the stipulated judgment.

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3. The parties further acknowledge that by entering into this stipulation, the Trust Funds in

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no way waive their right to conduct an audit for the period of time covered by this action or to seek

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payment of any additional amounts from Defendant if it is discovered that additional unpaid

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contributions, which are unknown to Plaintiffs at the time of entering into this stipulation, are due

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and owing.

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4. Nothing in this Stipulation will alter Defendant’s ongoing obligations under the

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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-2STIPULATION FOR ENTRY OF JUDGMENT; PROPOSED ORDER AND JUDGMENT
Case No. C 14-01541 JD

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collective bargaining agreement, including Defendant’s obligations to submit all fringe benefit

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contributions to the Trust Funds in a timely manner.
5. If Plaintiffs consult legal counsel with respect to the enforcement of this Judgment,

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there shall be added to Defendant’s obligation under a modification to this Stipulation for Entry of

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Judgment reasonable attorneys’ fees, court costs and all other reasonable expenses incurred by

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Plaintiffs in connection with such suit or claim, including any and all appellate proceedings therein.

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The parties stipulate to this Court’s continuing jurisdiction, and agree that Plaintiffs may seek

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enforcement of this Stipulation in this Court or in any court of competent jurisdiction under

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Section 664.6 of the California Code of Civil Procedure and related provisions of federal law.
6. Defendant further stipulates and agrees that if Lone Star Landscape, Inc. is sold, this

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Agreement shall be binding on its successors, heirs, and assigns regardless of whether it changes

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the name or style or address of the business.
7. The provisions set forth in this Stipulation for Entry of Judgment are not in violation of

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

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any state or federal law, the other portions of this stipulation shall remain in full force and effect.

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8. Plaintiffs and Defendant acknowledge that they have had the opportunity to be

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represented by independent legal counsel of their own choice throughout all of the negotiations that

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preceded the execution of this Stipulation for Entry of Judgment. Plaintiffs and Defendant further

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acknowledge that they have had adequate opportunity to perform whatever investigation or inquiry

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they may deem necessary in connection with the subject matter of this Stipulation for Entry of

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Judgment prior to its execution, and agree with the delivery and acceptance of the considerations

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specified in this Stipulation for Entry of Judgment.
9. This Stipulation may be executed in counterpart.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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-3STIPULATION FOR ENTRY OF JUDGMENT; PROPOSED ORDER AND JUDGMENT
Case No. C 14-01541 JD

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10. The parties hereto mutually state that they have read the foregoing Stipulation for Entry

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of Judgment and are fully aware of its contents and legal facts. This stipulation for entry of

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Judgment constitutes the entire agreement of the parties and is entered into on the dates below

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indicated.

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Dated: July __ 2014
LONE STAR LANDSCAPE, INC., a California
Corporation

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By:__________________________________
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Dated: July __ 2014
LABORERS TRUST FUNDS

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By:__________________________________
MICHELLE LAUZIERE
Accounts Receivable Manager for Plaintiffs

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ORDER AND JUDGMENT

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It is so ordered that Judgment is entered against Defendant Lone Star Landscape, Inc., a

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California Corporation, as set forth in the Stipulation for Entry of Judgment. The Court will retain

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jurisdiction over this case until July 1, 2016.

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Dated: July 28, 2014

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HONORABLE JAMES DONATO
UNITED STATES DISTRICT JUDGE

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135993/768593

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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-4STIPULATION FOR ENTRY OF JUDGMENT; PROPOSED ORDER AND JUDGMENT
Case No. C 14-01541 JD

CERTIFICATE OF SERVICE

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I am a citizen of the United States and resident of the State of California. I am employed in

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the County of Alameda, State of California, in the office of a member of the bar of this Court, at

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whose direction the service was made. I am over the age of eighteen years and not a party to the

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within action.
On July 18, 2014, I served the following documents in the manner described below:

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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT

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(BY U.S. MAIL) I am personally and readily familiar with the business practice of
Weinberg, Roger & Rosenfeld for collection and processing of correspondence for
mailing with the United States Parcel Service, and I caused such envelope(s) with
postage thereon fully prepaid to be placed in the United States Postal Service at
Alameda, California.

On the following part(ies) in this action:

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LONE STAR LANDSCAPE, INC.
PRINCIPAL: ROBERT SAMANIEGO
1910 East San Martin Avenue
San Martin, CA 95046-9688
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on July 28, 2014, at Alameda, California.
/s/ Mary Piro
Mary Piro

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

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-5STIPULATION FOR ENTRY OF JUDGMENT; PROPOSED ORDER AND JUDGMENT
Case No. C 14-01541 JD