Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California, Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Vacation, Holiday Savings et al v. Roeber's Incorporated

Filing 17

JUDGMENT, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 12/9/11. (lrc, COURT STAFF) (Filed on 12/9/2011)

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ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (ST. BAR #50246)
3030 Bridgeway, Suite 231
Sausalito, CA 94965
Telephone: [phone]
Facsimile: [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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BOARD OF TRUSTEES OF THE SHEET METAL )
WORKERS LOCAL 104 HEALTH CARE TRUST, )
SHEET METAL WORKERS PENSION TRUST OF )
NORTHERN CALIFORNIA, SHEET METAL
)
WORKERS LOCAL 104 VACATION, HOLIDAY )
SAVINGS PLAN; BRUCE WORD, TRUSTEE, )
)
Plaintiffs,
)
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vs.
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ROEBER’S INCORPORATED, a California )
corporation,
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Defendant.
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____________________________________ )

NO. C 11 3275 SBA
JUDGMENT PURSUANT
TO STIPULATION

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It appearing that Plaintiffs BOARD OF TRUSTEES OF THE SHEET METAL

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WORKERS LOCAL 104 HEALTH CARE TRUST, SHEET METAL WORKERS PENSION TRUST OF

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NORTHERN CALIFORNIA, SHEET METAL WORKERS LOCAL 104 VACATION, HOLIDAY SAVINGS

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PLAN; BRUCE WORD, TRUSTEE, through their attorneys, and defendant, ROEBER’S

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INCORPORATED, a California corporation, have Stipulated that plaintiffs have

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and recover judgment from Defendant and it appearing that the Stipulation

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is in all respects proper and that the Stipulation provides for judgment

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against defendant in the amount of $27,531.14,

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IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs BOARD OF
JUDGMENT PURSUANT TO STIPULATION

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TRUSTEES OF THE SHEET METAL WORKERS LOCAL 104 HEALTH CARE TRUST, SHEET METAL

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WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS LOCAL 104

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VACATION, HOLIDAY SAVINGS PLAN; BRUCE WORD, TRUSTEE, have and recover

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judgment from defendant, ROEBER’S INCORPORATED, a California corporation,

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in the amount of $27,531.14, which is composed of the following:

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a.

Contribution balances due and unpaid to Plaintiff Trust

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Funds for the period May 1, 2011 to August 31, 2011 in the amount of

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$22,650.95;

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b.

Trust Funds for the same period in the amount of $4,530.19;

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c.

Interest due pursuant to contract in an amount to be

computed at the end of the payment plan set forth below; and

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Liquidated damages due and unpaid to the Plaintiff

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Costs of suit incurred in this action in the amount of

$350.00.

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IT IS FURTHER ORDERED AND ADJUDGED that execution will not

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issue on the judgment so long as defendant fully complies with the

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following conditions:

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1.

Defendant shall make payments of all ongoing amounts

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to become due to the SHEET METAL WORKERS OF NORTHERN CALIFORNIA TRUST

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FUNDS pursuant to contract between defendant and Local Union 104 of

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the Sheet Metal Workers' International Association for hours worked

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by defendant's employees, commencing with payment for September 2011,

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hours due on or before October 20, 2011 and continuing until the full

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amount of this judgment is paid.

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or before October 26, 2011.

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check payable to SHEET METAL WORKERS TRUST FUNDS and sent to the post

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office box on the report form.

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2.

September may be paid late, but on

Each of said payments will be made by

Defendant shall pay the amount of the contributions

JUDGMENT PURSUANT TO STIPULATION

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under paragraph (a) in the amount of $22,650.95 in monthly installment

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payments of $2,500.00. The first installment is due November 25, 2011

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and each subsequent installment shall be paid on the 25th of each

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month thereafter until the entire contribution amount has been paid.

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Said installment payments will be made by check payable to the SHEET

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METAL WORKERS TRUST FUNDS and sent to the collection attorney, ERSKINE

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& TULLEY, 3030 Bridgeway, Suite 121, Sausalito, CA 94965, Attention:

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Michael Carroll.

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3.

Once the above amount of $22,650.95 is paid in full,

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the Ways & Means Committee for Plaintiff Trust Funds will exercise

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it’s discretion and review defendant’s eliqibility for a reduction of

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the

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paragraphs (b), (c), and (d) above.

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a complete waiver of the amounts due under paragraphs (b), (c), and

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(d),

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$4,880.19, plus interest in as many

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of $2,500.00 as may be required to pay the full amount of the

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judgment, or such lesser sum agreed to by Plaintiff Trust Funds.

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first payment would be due after notification of the Trust Funds’

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decision, with payments continuing each month thereafter.

liquidated

defendant

damages,

shall

interest,

make

and

costs

owed

as

stated

in

If defendant is not eligible for

payment

on

the

remaining

balance

of

additional monthly installments

The

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4. Plaintiffs and Defendant each understand and agree that

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any modification of payments must be made in writing and agreed to by

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both the Plaintiffs and the Defendant.

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IT IS FURTHER ORDERED AND ADJUDGED that upon failure of the

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Defendant to make any of their monthly contribution payments pursuant

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to the collective bargaining agreement as set forth in paragraph 1

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above, and the monthly installment payments in a timely manner as

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required

pursuant

to

JUDGMENT PURSUANT TO STIPULATION

the

terms

of
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paragraphs

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and

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of

the

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stipulation, entry of Judgment, and execution on the entire judgment

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in the amount of $27,531.14 reduced by any offsets for payments made,

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shall issue only after ten (10) days written notice to the Defendant

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and Defendant’s counsel that Plaintiffs or Plaintiffs’ attorney

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declares a default and intends to file a Declaration stating that a

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default has occurred on the part of the defendant.

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notice of any hearing held by the court upon the earlier execution of

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this judgment or Plaintiffs’ declaration.

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Dated: 12/9/11

Defendant waives

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_____________________________________
Judge Saundra Brown Armstrong

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JUDGMENT PURSUANT TO STIPULATION

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