Trustees of the Electrical Workers Health and Welfare Trust et al v. Casino Signs & Graphic, Inc.,

Filing 4

CONSENT JUDGMENT in favor of Plaintiffs Trustees of the Electrical Workers Health and Welfare Trust, Trustees of the Electrical Workers Pension Trust, Trustees of the Las Vegas Electrical Joint Apprenticeship and Training Trust Fund and against Defendant Casino Signs & Graphic, Inc. in the amount of $296,433.00. Signed by Judge Kent J. Dawson on 7/17/12. (Copies have been distributed pursuant to the NEF - EDS)

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Case 2:11-cv-01207-KJD -CWH Document 1 1 Filed 07/26/11 Page 1 of 4 Adam P. Segal, Esq. Nevada Bar No. 6120 2 Aaron B. Fricke, Esq. Nevada Bar No. 11129 3 4 5 BROWNSTEIN HYATTFARBER SCHRECK, LLP 100 N. City Parkway, Suite 1600 Las Vegas, Nevada 89106 Telephone: (702)382-2101 Facsimile: (702)382-8135 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA d 10 I TRUSTEES OF THE ELECTRICAL WORKERS HEALTH AND WELFARE 11 TRUST; TRUSTEES OF THE Sis 12 TRUST; AND TRUSTEES OF THE LAS 2&-S2 13 VEGAS ELECTRICAL JOINT APPRENTICESHIP AND TRAINING Guv, -< ii 14 IS*6 15 i§ 16 CASE NO. ELECTRICAL WORKERS PENSION TRUST FUND, STIPULATED/CONSENT JUDGMENT Plaintiffs, CO 17 2 18 vs. CASINO SIGNS & GRAPHIC, INC., d/b/a CASINO LIGHTING & SIGN, a Nevada corporation, CO 19 Defendant. 20 21 22 23 24 25 26 CASINO SIGNS & GRAPHIC, INC., d/b/a CASINO LIGHTING & SIGN, a Nevada corporation ("Employer"), hereby stipulates and consents to entry of judgment in favor of Plaintiffs, Trustees of the Electrical Workers Health and Welfare Trust; Trustees of the Electrical Workers Pension Trust; and Trustees of the Las Vegas Electrical Joint Apprenticeship and Training Trust Fund (collectively the "IBEW Joint Trust Funds"), and against Employer in the total sum of $296,433 for delinquent employee benefit contributions, liquidated damages, and 27 28 2005l\2M522193.l Case 2:11-cv-01207-KJD -CWH Document 1 Filed 07/26/11 Page 2 of 4 1 related costs and fees owed under the Employee Retirement Income Security Act of 1974 2 ("ERISA"). 3 The parties have stipulated and therefore the Court finds: 4 1. Employer is signatory to and bound by the terms of a collective bargaining 5 agreement ("CBA") with the International Brotherhood of Electrical Workers, Local No. 357 6 ("Union"), in which Employer agreed to abide by the trust agreements establishing the respective 7 IBEW Joint Trust Funds and any amendments thereto ("Trust Agreements"). 8 2. Under the CBA and the Trust Agreements, Employer is obligated to pay employee benefit contributions to the IBEW Joint Trust Funds on behalf of Employer's bargaining unit 9 ou -J 10 8. 11 CO 12 employees represented by the Union. 3. Based on remittance reports prepared and submitted by Employer for the months 13 14 is damages of$47,988, administrative fees of$750, and past attorney's fees of$1,000, for atotal of 15 L_ . ofJanuary 2011 through March 2011, Employer owes the IBEW Joint Trust Funds $239,939 in unpaid employee benefit contributions, past interest of$6,756 (through April 5, 2011), liquidated $296,433. 16 4. of•»"» In addition, in the event this judgment must be executed, the IBEW Joint Trust 17 Funds will incur additional fees and costs determined by the parties to be at least $5,000, which 18 CO are therefore included herein. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// ffl 27 28 20051\2V1522193.1 Case 2:11-cv-01207-KJD -CWH Document 1 1 5. Filed 07/26/11 Page 3 of 4 This Stipulated/Consent Judgment is entered into by and between Employer and 2 the IBEW Joint Trust Funds for employee benefit contributions and related costs and fees owed to 3 the IBEW Joint Trust Funds byERISA. 4 AprK ^,2011. April 7_, 2011. 5 6 BROWNSTEIN HYATT FARBER SCHRECK, LLP CASINO SIGNS & GRAPHIC, INC, d/b/a CASINO LIGHTING & SIGN, Nevada corporation 7 8 3 10 11 is 12 B- « •O — Adam P. SqpuTEsqT^ Mark Johnson Nevada Bar No. 6120 President and Director Aaron B. Fricke, Esq. 9 3665 West Diablo Drive Nevada Bar No. 11129 Las Vegas, Nevada 89118 Telephone: 702-739-fi7ftQ 100 N. City Parkway, Suite 1600 Las Vegas, Nevada 89106 Telephone: (702)382-2101 Facsimile: (702) 382-8135 Facsimile: 702-739-961 g For Casino Signs & Graphics, Inc., d/b/a Casino Lighting & Sign, a Nevada corporation 13 Attorneys for the IBEW Joint Trust Funds 14 15 JUDGMENT 16 SI CO 17 O Judgment is hereby entered against Casino Signs &Graphics, Inc., d/b/a Casino Lighting 18 & Sign, a Nevada corporation, and in favor of the IBEW Joint Trust Funds in the amount of $296,433. m 19 20 Dated this 17thday of July 2012 21 22 U.S. DISTRICT COURT JUDGE 23 24 25 26 27 28 2005I\2\IS22I93.I

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