District Council 16 Northern California Health and Welfare Trust Fund, and its Joint Board of Trustees et al v. Floor Seal Technology, Inc.

Filing 19

AMENDED JUDGMENT PURSUANT TO STIPULATION. Signed by Judge Richard Seeborg on 3/1/2022. (cl, COURT STAFF) (Filed on 3/1/2022)

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Matthew P. Minser, Esq. (SBN 296344)
SALTZMAN & JOHNSON LAW CORPORATION
1141 Harbor Bay Parkway, Suite 100
Alameda, CA 94502
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs, District Council 16 Northern
California Health and Welfare Trust Fund, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA HEALTH AND WELFARE
TRUST FUND, et al.,

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AMENDED JUDGMENT PURSUANT TO
STIPULATION

Plaintiffs,
v.
FLOOR SEAL TECHNOLOGY, INC., a California
Corporation; and WILLIAM CLYNE, an
individual,

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Case No. C17-0226 RS

Defendants.
IT IS HEREBY STIPULATED and AGREED (the “Stipulation”) by and between the parties
hereto that an Amended Judgment shall be entered in the within action in favor of Plaintiffs District
Council 16 Northern California Health and Welfare Trust Fund, et al. (“Plaintiffs” or “Trust Funds”) and
against Defendant Floor Seal Technology, Inc., a California Corporation, and Defendant William Clyne,
an individual, as follows:
1.

Defendant Floor Seal Technology, Inc. is signatory to and bound by the terms of a

Collective Bargaining Agreement(s) (“Bargaining Agreement”) with the Plaintiff Union (“Union”). The
Bargaining Agreement is still in full force and effect.
2.

William Clyne confirms that he is the RMO/CEO/President of Defendant Floor Seal

Technology, Inc., and is authorized to enter into this Stipulation on behalf of Defendant Floor Seal
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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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Technology, Inc.

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3.

William Clyne (“Guarantor”) also confirms that he is personally guaranteeing the

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amounts due herein and confirms that has been added as a Defendant to the above-captioned action.

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Defendant William Clyne and Defendant Floor Seal Technology, Inc. (collectively “Defendants”)

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specifically consent to the Court’s jurisdiction, as well as the use of a Magistrate Judge for all

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proceedings, including entry of judgment herein. Defendants further confirm that all successors in

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interest, assignees, and affiliated entities (including, but not limited to, parent or other controlling

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companies), and any companies with which either Defendant joins or merges, if any, shall also be bound

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by the terms of this Stipulation as Guarantors. This shall include any additional entities in which

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Guarantor is an officer, owner or possesses any controlling ownership interest. All such entities shall

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specifically consent to the Court’s jurisdiction, the use of a Magistrate Judge for all proceedings, and all

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other terms herein, in writing, at the time of any assignment, affiliation or purchase.

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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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4.

Defendants are currently indebted to the Trust Funds as follows:

Total
20%
Work
Contributions
Unpaid
Liquidated
Month
Reported
Contributions
Damages
5% Interest
1/17
$43,966.23
$2,214.56
$442.91
$18.06
2/17
$43,196.07
$758.94
$151.79
$45.70
3/17
$59,225.48
$0.00
$11,831.28
$54.16
4/17
$49,924.80
$0.00
$9.03
$0.06
7/17
$35,841.79
$0.00
$7,168.36
$24.55
8/17
$40,818.54
$0.00
$8,163.71
$128.57
9/17
$39,553.49
$0.00
$7,910.70
$146.34
10/17
$48,005.73
$0.00
$9,601.15
$144.76
11/17
$39,460.95
$0.00
$7,892.19
$43.28
12/17
$37,692.46
$0.00
$7,538.49
$30.96
1/18
$34,386.43
$0.00
$6,877.29
$4.71
3/18
$18,825.25
$0.00
$3,765.05
$43.69
4/18
$19,171.57
$0.00
$3,834.31
$31.44
5/18
$16,350.18
$0.00
$3,270.04
$26.88
2/19
$13,390.98
$0.00
$2,678.20
$32.94
3/19
$12,563.24
$0.00
$2,512.65
$26.77
4/19
$16,800.84
$0.00
$3,360.17
$11.50
5/19
$23,033.92
$0.00
$4,606.78
$15.80
6/19
$20,699.74
$0.00
$4,139.95
$59.64
7/19
$19,963.73
$0.00
$3,992.75
$49.14
8/19
$13,193.88
$0.00
$2,638.78
$19.91
9/19
$8,701.00
$0.00
$1,740.20
$24.99
10/19
$11,880.82
$0.00
$2,376.16
$32.60
11/19
$23,332.94
$0.00
$4,666.59
$54.40
12/19
$15,054.35
$0.00
$1,229.53
$8.40
1/20
$21,781.81
$0.00
$4,356.36
$16.58
2/20
$23,256.99
$0.00
$4,651.40
$55.19
3/20
$17,485.04
$0.00
$3,497.00
$16.59
4/20
$17,702.10
$0.00
$3,540.42
$26.62
5/20
$29,634.90
$0.00
$5,926.98
$56.84
6/20
$24,512.39
$0.00
$3,794.31
$12.24
7/20
$31,850.94
$0.00
$6,370.19
$40.92
8/20
$36,629.29
$0.00
$7,333.86
$49.26
4/21
$41,502.60
$0.00
$8,300.52
$22.76
5/21
$35,535.86
$0.00
$7,107.17
$34.09
7/21
$31,808.26
$0.00
$6,361.65
$34.65
Subtotal:
$1,227,274.49
$2,973.50
$173,637.92
$1,444.99
Total Due, as shown above, for 1/17-4/17; 7/17 – 1/18, 3/18-5/18; 2/19-8/20;
4/21, 5/21, 7/21:
Liquidated Damages Included in Original Judgment:
Attorneys’ Fees (2/10/17-7/31/21):
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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

Subtotal
Due
$2,675.53
$956.43
$11,885.44
$9.09
$7,192.91
$8,292.28
$8,057.04
$9,745.91
$7,935.47
$7,569.45
$6,882.00
$3,808.74
$3,865.75
$3,296.92
$2,711.14
$2,539.42
$3,371.67
$4,622.58
$4,199.59
$4,041.89
$2,658.69
$1,765.19
$2,408.76
$4,720.99
$1,237.93
$4,372.94
$4,706.59
$3,513.59
$3,567.04
$5,983.82
$3,806.55
$6,411.11
$7,383.12
$8,323.28
$7,141.26
$6,396.30
$178,056.41
$178,056.41
$79,209.65
$24,089.50

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Costs (2/10/17-7/31/21):
$29,801.83
$5,960.37
$9,673.77
$7,263.90

Audit
(4/1/137/31/16)

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Contribution Underpayments
20% Liquidated Damages
Interest (through 9/17/21)
Testing Fees
Total
Contribution Underpayments
$34,681.28
20% Liquidated Damages
$6,936.26
Interest (through 9/17/21)
$7,354.09
Testing Fees
$4,842.60
Total
Credit for Overpayment on Previous Stipulated Payments1:
Credit for Post-Writ Payment 11:
TOTAL JUDGMENT:

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Audit
(8/1/168/31/18)

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$403.71

$52,699.87

$53,814.23
($20,669.73)
($3,158.63)
$364,445.01

REQUIREMENTS UNDER THE TERMS OF THIS STIPULATION

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5.

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Notice requirements pursuant to the terms of this Stipulation are as follows:
a)

Notices to Defendants: William Clyne, Floor Seal Technology, Inc., c/o Roger
M. Mason. Esq., 983 University Ave., Los Gatos, CA 95032; email:
[e-mail]

b)

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Notices to Plaintiffs: Matthew P. Minser, Saltzman & Johnson Law Corp., 1141
Harbor Bay Parkway, #100, Alameda, CA 94502; email:
[e-mail], copy to [e-mail]

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6.

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The requirements pursuant to the terms of this Stipulation are as follows:
a)

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Conditional Waiver of Liquidated Damages: All liquidated damages included

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in this Amended Stipulation, totaling $265,744.20 shall be conditionally waived. The conditional waiver

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is expressly conditioned on full compliance with all terms of this Amended Judgment Pursuant to

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Stipulation, as set forth in ¶15, below.
b)

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Monthly Payments: Defendants shall pay the amount of $98,700.81, representing

all the above amounts, less liquidated damages in the amount of $265,744.20.
i)

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Payments in the amount of $8,450.00 per month shall begin in February

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2022 and continue each month thereafter for a period of 12 months. Plaintiffs may require that

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Defendants pay electronically by ACH/wire transfer, or by cashier’s check, if any of Defendants’

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Subject to final confirmation of credit availability by Trust Fund Administrator.
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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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payments are returned for non-sufficient funds.

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ii)

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Defendants shall have the right to increase the monthly payments at any

time and there is no penalty for prepayment.

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iii)

Payments shall be applied first to interest, at the rate of 5% per annum in

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accordance with the Bargaining Agreement(s) and Trust Agreements. Interest shall begin to accrue on

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September 18, 2021.

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c)

Contributions: Beginning with contributions due for hours worked by

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Defendants’ employees during the month of January 2022, and for every month thereafter until this

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Judgment is satisfied, Defendants shall remain current in reporting and payment of contributions due to

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Plaintiffs under the terms of the Collective Bargaining Agreement(s).

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d)

Job Report: Beginning with the month of January 2022, and for every month

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thereafter, Defendants shall fully disclose all jobs on which they are working by providing Plaintiffs

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with fully completed job reports on the form attached hereto as Exhibit A. Upon request by Plaintiffs,

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Defendants shall also provide Plaintiffs with copies of Certified Payroll Reports.

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d)

Fees: Defendants shall pay all additional attorneys’ fees and costs incurred

through Satisfaction of Judgment, whether or not a default occurs.

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7.

In summary, Defendants shall deliver the following to Plaintiffs, at the following

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locations, on or before the following delivery deadlines, until this Stipulation has been fully satisfied:

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5

AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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Required Submissions
Stipulated payments in the
amount of $8,450.00
payable to District Council 16
Northern California Trust Funds

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Delivery deadlines2
Last business day of
each month
(2/28/22 – 1/31/23)

Plus, copy to:
[e-mail]
(subject: “Floor Seal Technology”);

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Current contribution reports
and payments
payable to District Council 16
Northern California Trust Funds

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Last business day of
each month
(beginning 2/28/22, for
1/21 hours)

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Completed job reports (form
attached as Exhibit A to
Stipulation)

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Last business day of
each month
(beginning 2/28/22, for
1/21 hours)

and Certified Payroll (if
requested)

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8.

Failure to comply with any of the above terms, including submitting a payment that does

DEFAULTS UNDER THE TERMS OF THIS STIPULATION

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[e-mail]
(subject: “Floor Seal Technology”)
or
Matthew P. Minser
Saltzman & Johnson Law Corp.
1141 Harbor Bay Parkway, Ste 100,
Alameda, CA 94502

not clear the bank, shall constitute a default of the obligations under this Stipulation.

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District Council 16 Northern
California Trust Funds
P.O. Box 4816
Hayward, CA 94540-4816;
Plus, copies to:
[e-mail]
(subject: “Floor Seal Technology”);
or
Matthew P. Minser
Saltzman & Johnson Law Corp.
1141 Harbor Bay Parkway, Ste 100,
Alameda, CA 94502

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Delivery locations
District Council 16 Northern
California Trust Funds
P.O. Box 4816
Hayward, CA 94540-4816;

9.

If default occurs, Plaintiffs shall make a written demand to Defendants to cure said

default within seven (7) days of the date of the notice from Plaintiffs. In the event default is not cured
within the required time frame, all amounts remaining due hereunder (after application of principal

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If the Stipulation has not been fully satisfied by 1/31/23, all monthly submission requirements shall continue until all amounts have been paid and a

Satisfaction of Judgment has been filed with the Court.

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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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payments made, if any) shall be due and payable on demand by Plaintiffs. These amounts shall include

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any

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damages/interest, and additional attorneys’ fees and costs incurred herein.

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conditionally

10.

waived

liquidated

damages,

additional

(current)

contributions/liquidated

Any unpaid or late-paid contributions, together with 20% liquidated damages and 5% per

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annum interest, shall become part of this Judgment. Plaintiffs reserve all rights available to collect any

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contributions and related amounts not included herein. This includes, but is not limited to, any amounts

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due pursuant to employee timecards or paystubs, by audit, or other means. Should Defendants fail to

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submit a report for any month, contributions shall be estimated pursuant to Trust Fund policy.

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Defendants specifically waive the defense of the doctrine res judicata as to any such additional amounts

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determined as due.

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11.

A Writ of Execution may be obtained without further notice, in the amount of the unpaid

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balance plus any additional amounts due under the terms herein. Such Writ of Execution may be

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obtained solely upon declaration by a duly authorized representative of Plaintiffs setting forth the

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balance due as of the date of default.

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MISCELLANEOUS PROVISIONS
12.

The above requirements remain in full force and effect regardless of whether Defendants

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have ongoing work, whether Defendants’ account with the Trust Funds is active, or whether Defendants

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are signatory to a Collective Bargaining Agreement with the Union. If, for any reason, Defendants have

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no work to report during a given month, Defendants shall submit the job report form (Exhibit A attached

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hereto) indicating that there are no current jobs. If Defendants have no contributions to report,

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Defendants shall submit the applicable contribution report stating, “no employees.”

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13.

Payments made by joint check shall be endorsed on behalf of Defendants prior to

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submission, and may be applied toward Defendants’ monthly stipulated payment, provided that the

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issuer of the joint check is not requesting a release in exchange for the payment. Joint checks for which a

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release is requested may not be applied toward Defendants’ monthly stipulated payment but shall be

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deducted from the total balance owed under this Stipulation, provided the payment is for contributions

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included in this Stipulation.

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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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14.

Prior to January 31, 2023, Plaintiffs shall advise Defendants as to the final amount due,

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including additional interest, any current contributions and related amounts, and all additional attorneys’

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fees and costs incurred by Plaintiffs, whether or not Defendant’s default herein. Any additional amounts

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due shall be paid in full by January 31, 2023.

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15.

The conditional waiver of liquidated damages shall be presented to the Board of Trustees

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for consideration only after all other amounts due under the terms of this Stipulation are paid in full, and

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Defendants’ account is otherwise current. If the waiver is granted, a Satisfaction of Judgment will be

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filed with the Court once all payments have cleared the bank. If the waiver is not granted, the liquidated

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damages will be immediately due. The waiver may be granted with further conditions, such as paying

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timely and remaining current for an additional period of time.
16.

Defendants waive any notice of Entry of Judgment or of any Request for a Writ of

Execution, and expressly waive all rights to stay of execution and appeal.
17.

Any failure on the part of Plaintiffs to take any action as provided herein in the event of

any breach of the provisions of this Stipulation shall not be deemed a waiver of any subsequent breach.
18.

The parties agree that any payments made pursuant to the terms of this Judgment shall be

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deemed to have been made in the ordinary course of business as provided under 11 U.S.C. Section

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547(c)(2) and shall not be claimed by Defendants as a preference under 11 U.S.C. Section 547 or

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otherwise.

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19.

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

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competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of

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the remaining parts, terms or provisions shall not be affected thereby and said illegal, unenforceable, or

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invalid part, term, or provisions shall be deemed not to be part of this Stipulation.

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20.

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

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and delinquent contributions and related sums enumerated herein, owed by Defendants to Plaintiffs.

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This Stipulation does not in any manner relate to withdrawal liability claims, if any. Defendants

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acknowledge that Plaintiffs expressly reserve their right to pursue withdrawal liability claims, if any,

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against Defendants and control group members, as provided by Plaintiffs’ Plan documents, Trust

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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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DATED: January ___, 2022

DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA HEALTH AND WELFARE
TRUST FUND, et al.

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By:

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John Maggiore
Trustee of Plaintiff Trust Funds

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APPROVED AS TO FORM:

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DATED: January 25, 2022

SALTZMAN & JOHNSON LAW
CORPORATION

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By:

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Matthew P. Minser, Attorneys for Plaintiffs,
District Council 16 Northern California Health
and Welfare Trust Fund, et al.

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DATED: January ___, 2022

SWEENEY MASON LLP

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By:
Roger M. Mason, Attorney for Defendants

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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.

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DATED: January ___, 2022

___________________________________
UNITED STATES DISTRICT JUDGE

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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS

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DATED: January_, 2022

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By:----------------John Maggiore
Trustee of Plaintiff Trust Funds

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DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA HEALTH AND WELFARE
TRUST FUND, et al.

APPROVED AS TO FORM:
DATED: January_, 2022

SALTZMAN & JOHNSON LAW
CORPORATION

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By:----------------Matthew P. Minser, Attorneys for Plaintiffs,
District Council 16 Northern California Health
and Welfare Trust Fund, et al.

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DATED: January J:

(

2022

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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.
DATED: March 1, 2022

UNITED STATES DISTRICT JUDGE

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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: Cl 7-0226 RS

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Exhibit A: JOB REPORT FORM
Completed Forms Due by the last business day of each month
by email to [e-mail] (subject line: Floor Seal Technology), or
delivered to Saltzman & Johnson, 1141 Harbor Bay Parkway, Suite 100, Alameda, CA 94502
Employer: FLOOR SEAL TECHNOLOGY, INC.
Report for the month of _______________, 20__ Submitted by: ______________________
Project Name:

Public or Private?
(Circle one)

Project Address:

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General Contractor:

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General Contractor
Address:
General Contractor
Phone #:
Project Manager
Phone #:
Contract #:

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Total Contract Value:

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Work Start Date:

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Project Manager
Name:
Project Manager
email address:
Contract Date:

Work Completion
Date:
Surety:

Project Bond #:

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Project Name:

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Project Address:

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General Contractor:

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General Contractor
Address:
General Contractor
Phone #:
Project Manager
Phone #:
Contract #:

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Public or Private?
(Circle one)

Project Manager
Name:
Project Manager
email address:
Contract Date:

Total Contract Value:

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Work Start Date:

Work Completion
Date:
Surety:

Project Bond #:

***Attach additional sheets as necessary***
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AMENDED JUDGMENT PURSUANT TO STIPULATION
Case No.: C17-0226 RS