Trustees of the Cement Masons and Plasterers Health and Welfare Trust et al v. Peek Construction Company et al

Filing 33

CONSENT JUDGMENT in favor of Plaintiffs Trustees of the Cement Masons and Plasterers Health and Welfare Trust, Trustees of the Cement Masons and Plasterers Joint Pension Trust, Trustees of the Cement Masons and Plasterers Vacation Savings Plan Trust , and Trustees of the Cement Masons and Plasters Joint Apprenticeship Training Trust and against Defendants Peek Construction Company, in the amount of $8746.00, and Williams Brother Inc., in the amount of $71,569.00. Signed by Judge Gloria M. Navarro on 12/17/2012. (Copies have been distributed pursuant to the NEF - AC)

Case 2:12-cv-00786-GMN -CWH Document 31

Filed 12/14/12 Page 1 of 5

1 Adam P. Segal, Esq.

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Nevada Bar No. 6120
Clark V. Vellis, Esq.
Nevada Bar No. 5533
Bryce C. Loveland, Esq.
Nevada Bar No. 10132
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRUSTEES OF THE CEMENT MASONS
AND PLASTERERS HEALTH AND
WELFARE TRUST; TRUSTEES OF THE
CEMENT MASONS AND PLASTERERS
JOINT PENSION TRUST; TRUSTEES OF
THE CEMENT MASONS AND
PLASTERERS VACATION SAVINGS
PLAN TRUST; AND TRUSTEES OF THE
CEMENT MASONS AND PLASTERERS
JOINT APPRENTICESHIP TRAINING
TRUST,

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Plaintiffs,

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Attorneys for Plaintiffs

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vs.
PEEK CONSTRUCTION COMPANY, a
Nevada corporation; PEEK
CONSTRUCTION COMPANY, a Nevada
corporation doing business as EL CAMINO
CONSTRUCTION CO., INC.; and
WILLIAMS BROTHER INC., a Nevada
corporation.

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Defendants.

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020031\0080\1754114,1

Case No.: 2: 12-cv-00786-GMN-CWH

STIPULATED/CONSENT JUDGMENT

Case 2:12-cv-00786-GMN -CWH Document 31

Filed 12/14/12 Page 2 of 5

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Defendants Peek Construction Company, a Nevada Corporation ("Peek") and Williams

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Brother, Inc., a Nevada corporation ("Williams") (collectively referred to as "Defendants"),

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hereby stipulate and consent to entry of judgment in favor of Plaintiffs, Trustees of the Cement

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Masons and Plasterers Health and Welfare Trust, Trustees of the Cement Masons and Plasterers

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Joint Pension Trust, Trustees of the Cement Masons and Plasterers Vacation Savings Plan Trust,

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and Trustees of the Cement Masons and Plasterers Joint Apprenticeship Training Trust

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fees and attorneys' fees, and against Williams for the total sum of $71,569 for delinquent

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(collectively referred to as "Trust Funds"), and against Peek for the total sum of $8,746 for audit

employee benefit contributions and related costs and fees owed under the Employee Retirement

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Income Security Act of 1974 ("ERISA").

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The parties have stipulated and therefore the Court finds:
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Defendants are signatory to and bound by the terms of a collective bargaining

agreement ("CBA") with the Operative Plasterers and Cement Masons International Association
Local No. 797 ("Union"), in which the Defendants agreed to abide by the trust agreements

17 establishing the respective Trust Funds and any amendments thereto ("Trust Agreements").

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2.

Under the CBA and the Trust Agreements, the Defendants are obligated to pay

employee benefit contributions to the Trust Funds on behalf of the Defendants' bargaining unit
employees represented by the Union.

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3.

Based on a contract compliance review ("Audit") for the period of April 1, 2010,

through May 3 1,2012, Peek owes the Trust Funds $8,746 for Audit fees and attorneys' fees.
4.

Based on Audits for the time period of August 8, 2006, through May 31, 2012,

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Williams owes the Trust Funds $71,569 in employee benefit contributions, fees, interest and

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liquidated damages to date.

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020031\0080\1754114.1

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Case 2:12-cv-00786-GMN -CWH Document 31

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5.

Filed 12/14/12 Page 3 of 5

This Stipulated/Consent Judgment is entered into by and between the Defendants

and the Trust Funds for employee benefit contributions and related costs and fees owed to the

3 Trust Ff!Qt by ERIS~
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Dated:-'Ne (em BtU _ , 2012

Dated:

BROWNSTEIN HYA TT FARBER
SCHRECK, LLP

PEEK CONSTRUCTION COMPANY, a
Nevada corporar'

Name:

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Adam . Segal, Esq.
Clark V. Veil is, Esq.
Bryce C. Loveland, Esq.
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614

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Attorneys for Plaintiffs

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------------Dated:~er A, 2012

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WILLIAMS BROTHER, INC., a Nevada
corporation

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Telephone: _ _ _ _ _ _ _ _ _ __

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Facsimile:

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020031\0080\1754114.1

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Case 2:12-cv-00786-GMN -CWH Document 31

JUDGMENT

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Filed 12/14/12 Page 4 of 5

Judgment is hereby entered against Peek Construction Company, a Nevada corporation in

3 the amount of $8,746 and judgment is hereby entered against Williams Brother, Inc., a Nevada
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corporation in the amount of $71,569 in favor of the Trustees of the Cement Masons and

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Plasterers Health and Welfare Trust, Trustees of the Cement Masons and Plasterers Joint Pension

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Trust, Trustees of the Cement Masons and Plasterers Vacation Savings Plan Trust, and Trustees
of the Cement Masons and Plasterers Joint Apprenticeship Training Trust.
Dated this _ _ day of _ _ _ _ _2012.
Dated this 17th day of December, _, 20_

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U.S. DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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Case 2:12-cv-00786-GMN -CWH Document 31

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STATE OF NEVADA

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COUNTY OF

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Filed 12/14/12 Page 5 of 5

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That he.lMe is the

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, being first duly sworn, deposes and says:

of Peek Construction Company, a Nevada Corporation,

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and Williams Brother, Inc., a Nevada corporation, and is duly authorized to execute this

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document; that he/she has read the foregoing Stipulated/Consent Judgment and knows the

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contents thereof; that the same is true of hislher own knowledge, except for those matters therein

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stated on information and belief, and as to those matters he/she believes them to be true.

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Affiant

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OLIVIA SCHULZE

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My commission expires:

--'it-fil!il'

NOTARY PUBLIC
STATE OF NEVADA
Appt. No. 94-1488-1

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Appt. EIplm OlCemlMlft1. 2015

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020031\0080\1754114.1

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