Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Ventura Finishing Systems

Filing 98

JUDGMENT PURSUANT TO STIPULATION Re Docket No. 96 . ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 8/1/2016. (ndrS, COURT STAFF) (Filed on 8/1/2016)

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Michele R. Stafford, Esq. (SBN 172509)
Erica J. Russell, Esq. (SBN 274494)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs Bay Area Painters
and Tapers Pension Trust Fund, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,

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JUDGMENT PURSUANT TO
STIPULATION

Plaintiffs,

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Case No. C14-03364 HSG

v.
VENTURA FINISHING SYSTEMS, a California
Corporation;

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Defendants.

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IT IS HEREBY STIPULATED and AGREED (the “Stipulation”) by and between the parties

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hereto, that Judgment shall be entered in the within action in favor of Plaintiffs Bay Area Painters and

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Tapers Pension Trust Fund, et al. (“Plaintiffs” or “Trust Funds”) and against Defendant Ventura

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Finishing Systems, a California Corporation as follows:

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1.

Defendants are currently indebted to the Trust Funds as follows:

REVISED AUDIT (8/1/10 – 9/30/14)
Contribution Underpayments
20% Liquidated Damages
5% Interest (through 1/31/15)
Additional 5% Interest (1/31/15-7/7/16)
Inspection Costs:

$111,710.84
$22,342.17
$12,180.01
$8,017.20
$8,494.00
Subtotal:

$162,744.22

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JUDGMENT PURSUANT TO STIPULATION
Case No. C14-03364 HSG
P:\CLIENTS\PATCL\Ventura Finishing Systems 4 (July 2014 complaint)\Pleadings\Proposed Stipulation 071116.docx

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CONTRIBUTIONS & RELATED AMOUNTS
Unpaid 1/12 Contributions
10% Liquidated Damages on Unpaid 1/12 Contributions (min.
assessment)
5% Interest on Unpaid 1/12 Contributions (through 7/7/16)

$542.80
$150.00
$118.23

Unpaid 4/12 Contributions
10% Liquidated Damages on Unpaid 4/12 Contributions (max.
assessment)
5% Interest on Unpaid 4/12 Contributions (through 7/7/16)

$949.90
$750.00

Unpaid 5/12 Contributions
10% Liquidated Damages on Unpaid 5/12 Contributions (max.
assessment)
5% Interest on Unpaid 5/12 Contributions (through 7/7/16)

$542.80
$750.00

$718.21

$384.74

Unpaid 5/13 Contributions
20% Liquidated Damages on Unpaid 5/13 Contributions
5% Interest on Unpaid 5/13 Contributions (through 7/7/16)

$5,634.48
$1,126.90
$851.35

Unpaid 6/13 Contributions
20% Liquidated Damages on Unpaid 6/13 Contributions
5% Interest on Unpaid 6/13 Contributions (through 7/7/16)

$3,922.04
$784.41
$575.95

Unpaid 7/13 Contributions
20% Liquidated Damages on Unpaid 7/13 Contributions
5% Interest on Unpaid 7/13 Contributions (through 7/7/16)

$14,390.02
$2,878.00
$2,054.03

Unpaid 8/13 Contributions
20% Liquidated Damages on Unpaid 8/13 Contributions
5% Interest on Unpaid 8/13 Contributions (through 7/7/16)

$11,945.80
$2,389.16
$1,654.41

Unpaid 9/13 Contributions
20% Liquidated Damages on Unpaid 9/13 Contributions
5% Interest on Unpaid 9/13 Contributions (through 7/7/16)

$9,501.28
$1,900.26
$1,275.51

Unpaid 10/13 Contributions
20% Liquidated Damages on Unpaid 10/13 Contributions
5% Interest on Unpaid 10/13 Contributions (through 7/7/16)

$5,800.20
$1,160.04
754.82

Unpaid 11/13 Contributions
20% Liquidated Damages on Unpaid 11/13 Contributions
5% Interest on Unpaid 11/13 Contributions (through 7/7/16)

$2,886.34
$577.27
$363.36

Unpaid 12/13 Contributions
20% Liquidated Damages on Unpaid 12/13 Contributions
5% Interest on Unpaid 12/13 Contributions (through 7/7/16)

$2,209.60
$441.92
$268.78

Unpaid 1/14 Contributions
20% Liquidated Damages on Unpaid 1/14 Contributions
5% Interest on Unpaid 1/14 Contributions (through 7/7/16)
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$2,697.60
$539.52
$317.80

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JUDGMENT PURSUANT TO STIPULATION
Case No. C14-03364 HSG
P:\CLIENTS\PATCL\Ventura Finishing Systems 4 (July 2014 complaint)\Pleadings\Proposed Stipulation 071116.docx

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Unpaid 2/14 Contributions
20% Liquidated Damages on Unpaid 2/14 Contributions
5% Interest on Unpaid 2/14 Contributions (through 7/7/16)

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$3,006.70
$601.34
$253.30

Unpaid 10/14 Contributions
20% Liquidated Damages on Unpaid 10/14 Contributions
5% Interest on Unpaid 10/14 Contributions (through 7/7/16)
Subtotal:

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$6,859.14
$1,371.83
$606.99

Unpaid 9/14 Contributions
20% Liquidated Damages on Unpaid 9/14 Contributions
5% Interest on Unpaid 9/14 Contributions (through 7/7/16)

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$5,736.95
$1,147.39
$532.04

Unpaid 8/14 Contributions
20% Liquidated Damages on Unpaid 8/14 Contributions
5% Interest on Unpaid 8/14 Contributions (through 7/7/16)

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$2,023.20
$404.64
$229.76

Unpaid 7/14 Contributions
20% Liquidated Damages on Unpaid 7/14 Contributions
5% Interest on Unpaid 7/14 Contributions (through 7/7/16)

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$2,725.70
$545.14
$218.43
$110,070.08

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Attorneys’ Fees (12/3/13 – 7/6/16)
Costs (12/3/13 – 7/6/16)

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$34,471.00
$978.78
Subtotal:
TOTAL DUE:1

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$35,449.78
$308,264.08

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2.

Judgment shall be entered for the total due of $308,264.08.

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3.

Enforcement of Judgment shall be stayed for 45 days from the date that this Judgment is

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executed by the parties.

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4.

Defendant shall provide Plaintiffs with reasonably available and relevant financial

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documentation to allow Plaintiffs to evaluate Defendant’s ability to pay the amounts due. Plaintiffs shall

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provide Defendants with a list of all requested documents, which shall be provided by Defendant to

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Plaintiffs, if they so exist and/or are available, within ten (10) business days of Defendant receiving said

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list.

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5.

The parties agree that the Court shall retain jurisdiction of this matter until this Judgment

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Defendant has failed to submit its contribution reports for August 2015 through May 2016. Any
amounts found to be due for this period, including any liquidated damages and interest, based on
contribution reports, time cards, audit, estimates pursuant to Plaintiffs’ Collection Procedures, or
otherwise, shall be added to the Judgment total.
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JUDGMENT PURSUANT TO STIPULATION
Case No. C14-03364 HSG
P:\CLIENTS\PATCL\Ventura Finishing Systems 4 (July 2014 complaint)\Pleadings\Proposed Stipulation 071116.docx

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is satisfied.

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DATED: July 12, 2016

VENTURA FINISHING SYSTEMS, INC.

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By:
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/S/
Mohinder Pal Singh
for Defendant Ventura Finishing Systems, Inc.

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DATED: July 12, 2016

BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.

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By:

James Hewett
Trustee of Plaintiff Trust Funds

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/S/

DATED: July 12, 2016

BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.

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By:
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APPROVED AS TO FORM.
DATED: July 12, 2016

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SALTZMAN & JOHNSON LAW
CORPORATION
By:

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DATED: July 12, 2016

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/S/
Erica J. Russell, Esq.
Attorneys for Bay Area Painters and Tapers
Pension Trust Fund, et al.
GAURAV BOBBY KALRA

By:

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/S/
Marian Bourboulis
Trustee of Plaintiff Trust Funds

/S/
Gaurav Bobby Kalra, Esq.
Attorney for Defendants Ventura Finishing
Systems, Inc.

IT IS SO ORDERED.
IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall
retain jurisdiction over this matter.
August 1,
DATED: July ____, 2016 2016
UNITED STATES DISTRICT JUDGE

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JUDGMENT PURSUANT TO STIPULATION
Case No. C14-03364 HSG
P:\CLIENTS\PATCL\Ventura Finishing Systems 4 (July 2014 complaint)\Pleadings\Proposed Stipulation 071116.docx