Bricklayers and Allied Craftworkers Local No. 3 Health and Welfare Trust and its Board of Trustees et al v. Brian Mitchell

Filing 14

ORDER Re Docket No. 13 . ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 5/25/2016. (ndrS, COURT STAFF) (Filed on 5/25/2016)

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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, Bricklayers
And Allied Craftworkers Local No. 3
Health And Welfare Trust, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRICKLAYERS AND ALLIED
CRAFTWORKERS LOCAL NO. 3 HEALTH
AND WELFARE TRUST, et al.,

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NOTICE OF SETTLEMENT;
ORDER THEREON

Plaintiffs,

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Case No. C16-01303 HSG

v.
BRIAN MITCHELL, Individually and dba
PRECISION MASONRY, a California Sole
Proprietorship.

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Defendant.

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PLEASE TAKE NOTICE that Plaintiffs Bricklayers And Allied Craftworkers Local No. 3

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Health And Welfare Trust, et al. (“Plaintiffs”), and Defendant Brian Mitchell, individually and dba

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Precision Masonry, a California Sole Proprietorship (“Defendant”), have reached a settlement in this

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matter.

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Pursuant to the terms of the settlement, Defendant paid all amounts owed to Plaintiffs through

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April 2016, except for a balance due for liquidated damages assessed on its late-paid contributions for

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August 2015 through February 2016. Plaintiffs approved a conditional waiver of the balance remaining

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due for liquidated damages on the condition that Defendant timely pay contributions for six (6)

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consecutive months, beginning with April 2016 contributions through, and including, September 2016

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NOTICE OF SETTLEMENT
Case No. C16-01303 HSG
C:\Users\RILEYN~1.CAN\AppData\Local\Temp\notes1A03DD\~5878101.docx

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contributions. If Defendant timely pays its April 2016 through September 2016 contributions, the

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liquidated damages remaining due for its late-paid August 2015 through February 2016 contributions

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shall be waived, and Plaintiffs will file a Notice of Voluntary Dismissal upon bank clearance of

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Defendant’s payment for September 2016 contributions. Should Defendant fail to timely pay its April

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2016 through September 2016 contributions, payment of the above described liquidated damages shall

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be immediately due to Plaintiffs.

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Based on the above, Plaintiffs respectfully request that the Court vacate the calendar in this

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matter, but retain jurisdiction through November 2016, to allow time for Defendant to submit the above

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described payments and for Plaintiffs to verify bank clearance of same.
Respectfully submitted.

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Dated: May 24, 2016

SALTZMAN & JOHNSON LAW
CORPORATION

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By:
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/S/
Erica J. Russell
Attorneys for Bricklayers And Allied Craftworkers
Local No. 3 Health And Welfare Trust, et al.

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IT IS SO ORDERED.

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Based on the parties’ notice of settlement, and it appearing that no issue remains for the Court’s

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determination, this action and all claims asserted herein are DISMISSED, and all scheduled dates are

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VACATED. In the event that defendant fails to timely comply with the terms of the settlement,

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plaintiffs may move to reopen the case, provided that such motion is filed by no later November 30,

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2016.

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DATED: May 25, 2016

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UNITED STATES DISTRICT COURT JUDGE

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NOTICE OF SETTLEMENT
Case No. C16-01303 HSG
C:\Users\RILEYN~1.CAN\AppData\Local\Temp\notes1A03DD\~5878101.docx