Trustees on Behalf of the Northern California Soft Drink Industry and Teamsters Health and Welfare Trust Fund v. Marjyn Investments, LLC

Filing 8

STIPULATION FOR ENTRY OF JUDGMENT AND ORDER. Signed by Judge Beeler on 9/12/2011. (lblc1, COURT STAFF) (Filed on 9/12/2011)

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CATHERINE E. AROSTEGUI, SBN 118756 BEESON, TAYER & BODINE, APC 520 Capitol Mall, Suite 300 Sacramento, CA 95814-4714 Telephone: (916) 325-2100 Facsimile: (916) 325-2120 carostegui@beesontayer.com Email: Attorneys for Plaintiff Trustees on Behalf of the Northern California Soft Drink Industry and Teamsters Welfare Fund UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TRUSTEES ON BEHALF OF THE NORTHERN CALIFORNIA SOFT DRINK INDUSTRY AND TEAMSTERS WELFARE FUND, Case No. CV-11-2038-LB STIPULATION FOR ENTRY OF JUDGMENT AND ORDER Plaintiff, v. MARJYN INVESTMENTS, LLC, Defendant. Plaintiff TRUSTEES ON BEHALF OF THE NORTHERN CALIFORNIA SOFT DRINK INDUSTRY AND TEAMSTERS WELFARE FUND (Plaintiff) and Defendant MARJYN INVESTMENTS, LLC (Defendant) stipulate and agree, by and between their attorneys, that the Court may render judgment in favor of Plaintiff and against Defendant in the amount of $44,526.00 as follows: /// /// /// /// /// 1 Stipulation for Entry of Judgment and Order Case No. CV-11-2038-LB 20061 4.doc 1. Unpaid delinquent contributions of $35,758.00 owed for the August and September 2010 work months; 2. Unpaid liquidated damages in the amount of $5,815.00 for the August and September 2010 work months; 3. Prejudgment interest in the amount of $751.00; and 4. Attorneys' fees and costs of $2,202.00. IT IS FURTHER STIPULATED and agreed by the parties that although the full judgment amount is due and payable to Plaintiff as of the date of entry of judgment with the Court, the Plaintiff will accept payment in six (6) installments and will not execute on the judgment so long as Defendant fully complies with the following conditions: 1. Defendant shall pay this Judgment in full by making six (6) monthly installment payments, each in the amount of $7,230.35. Due Date a. June 15, 2011 $7,230.35 b. July 15, 2011 $7,230.35 c. August 15, 2011 $7,230.35 d. September 15, 2011 $7,230.35 e. October 15, 2011 $7,230.35 f. 2. Amount Due November 15, 2011 $7,230.35 Each of said payments shall be made by check payable to Northern California Soft Drink Industry and Teamsters Welfare Fund, and shall be sent to Beeson, Tayer & Bodine, 520 Capitol Mall, Suite 300, Sacramento, California 95814, Attention: Catherine Arostegui. 3. All payments shall be timely if they are received by Beeson, Tayer & Bodine no later than the due dates set forth above. Any payments received after the due dates shall incur a ten percent (10%) late fee on that installment payment. /// /// /// 2 Stipulation for Entry of Judgment and Order Case No. CV- I 1 -2038-LB 200614.doc IT IS FURTHER STIPULATED and agreed by the parties that if, for any reason, any payment under the terms of this Stipulation is not made within ten (10) days of its due date, the Plaintiff shall, at its option, execute on the entire amount of the Judgment, less any payments already made by the Defendant to the Plaintiff. Dated: May 3 t , 2011 Respectfully Submitted, BEESON, TAYER & BODINE, APC By: CATHERINE E. AROS Attorneys for TRUSTEES ON BEHALF OF THE NORTHERN CALIFORNIA SOFT DRINK INDUSTRY AND TEAMSTERS WELFARE FUND Dated: May 3D , 2011 LAW OFFICES OF HOFFMAN & OSORIO, LLP By: 7/41.114-----, By: D ERE O ORD IT IS S R NIA Dated: September 12, 2011 UNIT ED IT IS SO ORDERED. ISTRIC ES D TC AT T RT U O S NATHAN HOFFMAN Attorneys for MARJYN INVESTMENTS, LLC NO THE HONORABLE LAUREL BEELER UNITED STATESelDISTRICT COURT JUDGE UNITED STATES Beeler MAGISTRATE JUDGE ge Laur FO A H ER LI RT Jud N F D IS T IC T O R C 3 Stipulation for Entry of Judgment and Order Case No. CV-11-2038-LB 20061 4.doc

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