Sheet Metal Workers' Local Union No. 80 Insurance Trust Fund v. Accu-Clean Services L.L.C. et al

Filing 44

CONSENT JUDGMENT. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRUSTEES OF SHEET METAL WORKERS’
LOCAL UNION NO. 80 INSURANCE
TRUST FUND,
Plaintiffs,
Case No. 2:16-cv-10983
Hon. Matthew F. Leitman
v.
ACCU-CLEAN SERVICES L.L.C.,
and WILLIAM S. WHITE, individually
and d/b/a ACCU-CLEAN,
Defendants.
/

CONSENT JUDGMENT
This matter comes before the Court on the consent of the parties as is reflected by
the signatures appearing below, the parties have entered into a Settlement Agreement,
the parties have agreed to entry of this Judgment under the Settlement Agreement, the
Settlement Agreement is incorporated by reference into this Judgment, and the Court
has noted such consent and is otherwise fully advised in the premises;
NOW THEREFORE;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

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1.

Judgment is entered in favor of Plaintiffs Trustees of Sheet Metal Workers’

Local Union No. 80 Insurance Trust Fund (“Plaintiffs”) and against Defendant AccuClean Services L.L.C., a Michigan limited liability company, in the amount of
$90,000.00, with post-judgment interest to accrue thereon from and after the date of
entry of this Judgment at the applicable federal rate as provided for under 28 U.S.C. §
1961, and Plaintiffs shall have full and immediate rights of execution thereon.
2.

Within this Judgment, and subject to the terms of the Settlement

Agreement, $10,000.00 of the $90,000.00 is a joint and several judgment in favor of
Plaintiffs and against Defendants Accu-Clean Services L.L.C., and William S. White
a/k/a William White, Sr. a/k/a William S. White, Sr., individually (“White”) and d/b/a
Accu-Clean, a sole proprietorship, sometimes referred to as Accu Clean (“Accu Clean,
a sole proprietorship”) with post-judgment interest to accrue thereon from and after the
date of entry of this Judgment at the applicable federal rate as provided for under 28
U.S.C. § 1961, and Plaintiffs shall have full and immediate rights of execution thereon.
Thus, of the $90,000.00 judgment in favor of Plaintiffs and against Defendant AccuClean Services, L.L.C., Defendants Accu-Clean Services, L.L.C., White, individually
and d/b/a Accu Clean, a sole proprietorship, are all jointly and severally liable to
Plaintiffs for $10,000.00 thereof.

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3.

This Judgment shall be final upon entry hereof, and any and all rights of

appeal, whether by right or permission, for any reason whatsoever, are waived by the
Plaintiffs and Defendants.
4.

The Court shall retain jurisdiction over this matter for purposes of

enforcement of the provisions of this Judgment including any proceedings
supplementary to judgment which are necessary for Plaintiffs to enforce the provisions
of this Judgment, including Plaintiffs’ right to file a motion with the Court under FRCP
60(b)(1),(2),(3) and/or (6), requesting relief from the Judgment to increase the joint and
several liability of White, individually and d/b/a Accu Clean, a sole proprietorship with
Accu-Clean Services under the Judgment from $10,000.00 to $90,000.00 (“Motion”).
This retention of jurisdiction shall not however act to deprive any other court which has
concurrent jurisdiction to enforce the terms of this Judgment or exercise jurisdiction
over the Motion described herein.

/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 23, 2017

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STIPULATED AND AGREED TO:
ERMAN, TEICHER,
ZUCKER & FREEDMAN, P.C.

BATOR LEGAL P.C

/s/ Craig E. Zucker
CRAIG E. ZUCKER (P39907)
Attorneys for Plaintiff
400 Galleria Officentre, Ste. 444
Southfield, MI 48034
[phone]
[e-mail]

/s/ David G. Cain (by consent)
DAVID G. CAIN (P33265)
Attorney for Defendants
400 W, Maple Rd., Ste.
Birmingham, MI 48009
[phone]
[e-mail]

-ANDSACHS WALDMAN,
Professional Corporation
HOPE L. CALATI (P54426)
Attorneys for Plaintiff
1423 E. Twelve Mile Rd.
Madison Heights, MI 48071
[phone]
[e-mail]

ACCU-CLEAN SERVICES L.L.C.
/s/ William S. White (by consent)
By: William S. White
Its: Authorized Agent

/s/ William S. White (by consent)
William S. White a/k/a William
White, Sr. a/k/a William S. White, Sr.,
individually
ACCU-CLEAN, a sole proprietorship,
sometimes referred to as ACCU CLEAN
/s/ William S. White (by consent)
By: William S. White
Its: Authorized Agent

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