Unite Here Health et al v. Beale Street Blues Company - Las Vegas, LLC et al

Filing 30

CONSENT JUDGMENT in favor of Plaintiffs Southern Nevada Culinary & Bartenders Pension Trust, Unite Here Health and against Defendants Beale Street Blues Company - Las Vegas, LLC, Beale Street Blues Company, Inc., Curtis Peery, Don Greenop, and Stewart Thomas Peters in the sum of $150,000.00. Execution of Judgment shall be stayed pursuant to the terms of this Judgment. Signed by Judge Andrew P. Gordon on 6/2/14. (Copies have been distributed pursuant to the NEF - EDS)

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CHRISTENSEN JAMES & MARTIN
KEVIN B. CHRISTENSEN, ESQ. (175)
WESLEY J. SMITH, ESQ. (11871)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Tel.: [phone]
Fax: [phone]
[e-mail], [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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UNITE HERE HEALTH, et al.,

Plaintiffs,

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vs.
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BEALE STREET BLUES COMPANY – LAS
VEGAS, LLC, et al.,
Defendants.

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CASE NO.: 2:13-cv-00936-APG-GWF

STIPULATION AND CONSENT FOR
ENTRY OF JUDGMENT BY
CONFESSION AND FOR STAY OF
EXECUTION
Date: N/A
Time: N/A

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Plaintiffs, Unite HERE Health and Southern Nevada Culinary & Bartenders Pension

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Trust (hereinafter “Plaintiffs” or “Trusts”), each acting by and through its designated fiduciary,

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and acting by and through their attorneys, Christensen James & Martin, and Defendants, Beale

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Street Blues Company – Las Vegas, LLC, Stewart Thomas Peters, Donald Greenop, Curtis Peery

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and Beale Street Blues Company, Inc. (collectively “Defendants”), acting by and through their

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attorneys, Cooper Levenson, P.A., hereby Stipulate and Agree (“Stipulation”), as follows:

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1.

This Stipulation and Order for Entry of Judgment by Confession is entered into by

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and between the Plaintiffs and Defendants to settle and conclude certain legal disputes relating to

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the payment of fringe benefit contributions, liquidated damages, interest, and attorney’s fees

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owed to the Plaintiffs by Defendants.

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2.

A Judgment by Confession (“Judgment”) shall be entered in favor of the Plaintiffs

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and against Defendants for the sum of One Hundred and Fifty Thousand Dollars ($150,000.00),

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to resolve all pre-judgment damages owed to the Trust, including all delinquent contributions,

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United States District Judge
June 2, 2014

United States District Judge
June 2, 2014

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CHRISTENSEN JAMES & MARTIN
KEVIN B. CHRISTENSEN, ESQ. (175)
WESLEY J. SMITH, ESQ. (11871)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Tel.: [phone]
Fax: [phone]
[e-mail], [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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UNITE HERE HEALTH, et al.,

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Plaintiffs,

CASE NO.: 2:12-cv-01490
JUDGMENT BY CONFESSION

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vs.

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BEALE STREET BLUES COMPANY – LAS
VEGAS, LLC, et al.,

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Date: N/A
Time: N/A

Defendants.
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Pursuant to the express Stipulation and Consent for Entry of Judgment by Confession
(“Stipulation”), it is hereby ORDERED, ADJUDGED AND DECREED that:
1.

Plaintiffs Unite HERE Health and Southern Nevada Culinary & Bartenders

Pension Trust (hereinafter “Plaintiffs” or “Trusts”), acting by and through their designated
fiduciaries, shall take Judgment by Confession (“Judgment”) against Defendants, Beale Street
Blues Company – Las Vegas, LLC, Stewart Thomas Peters, Donald Greenop, Curtis Peery and
Beale Street Blues Company, Inc. (“Defendants”), for the sum of One Hundred and Fifty
Thousand Dollars ($150,000.00) (“Judgment Amount”). Interest shall accrue on the Judgment
amount at the rate of seven percent (7%) per annum.
2.

The Judgment Amount shall be paid to Plaintiffs as third party beneficiaries under

the terms of a collectively bargained labor agreement (“CBA”) between the Mirage Casino-Hotel

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(“Mirage”) and the Culinary Workers Union Local 226 and/or Bartenders Union Local 165

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(“Unions”) and a Memorandum of Agreement (“MOA”) between the Mirage, Beale Street Blues

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Company – Las Vegas, LLC and the Unions (hereafter CBA and MOA collectively “Labor

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Agreement”). This Judgment includes settlement of all known claims by Plaintiffs for fringe

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benefit contributions for work performed during the periods March 11, 2011 through November

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11, 2012 (“Audit Period”), plus interest, liquidated damages, attorney’s fees and costs.

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3.

This Judgment is not intended to, and it does not, resolve, address or secure

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claims that are as yet unknown to the Trusts, including any claims that may later be revealed by

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Audit for periods subsequent to the Audit Period. The Trusts specifically reserve all Audit rights

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for periods that have not been audited.
4.

The Judgment Amount, including interest on the declining Judgment balance and

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any after-accruing amounts for attorney’s fees and costs in the event of default, subject to the

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terms of Paragraph 8 below, shall be paid by Defendants through fifteen (15) monthly

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installments, due on or before the first (1st) day of each month, the first of which is due within

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five (5) days of execution of this Judgment and the last of which is due on or before August 1,

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2015, as follows:

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a.

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Payment One (1) shall be remitted to the Trusts in the amount of
$20,000.00 within five (5) days of execution of this Judgment;

b.

Payments Two (2) through Fourteen (14) shall be remitted to the Trusts in

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the amount of $10,000.00 each, commencing on or before July 1, 2014,

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and on the first (1st) day of each month thereafter; and

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c.

Payment Fifteen (15) shall be remitted to the Trusts in the estimated
amount of $6,543.79 on or before August 1, 2015.

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Subject only to the Defendants’ right to cure under Paragraph 8, the final payment of all unpaid

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portions of the Judgment Amount, in the scheduled amount of $6,543.79 (which includes interest

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scheduled to accrue), shall be increased to include any late fees and after-accruing attorney’s fees

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incurred by Plaintiffs relating to this Judgment for collection of the amounts referenced herein,

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and shall be paid by the Defendants to Plaintiffs on or before July 1, 2015.

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5.

The payments toward the Judgment Amount required herein shall be and made

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payable to “Christensen James & Martin Special Client Trust Account” and shall be remitted to

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and received on or before the due dates set forth in Paragraph 4 at the office of Plaintiffs’

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attorney, Christensen James & Martin, Attn: Wesley Smith, Esq., 7440 W. Sahara Ave., Las

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Vegas, Nevada 89117, or at such other location as the Defendants are notified in writing. Should

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any of Defendants’ payments be returned for insufficient funds, all subsequent payments shall be

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made using cashier’s checks or money orders.

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6.

The following potential claims are reserved by the Trusts: (i) any claims unrelated

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to the Judgment Amount that are currently unknown to the Trusts; (ii) the obligation of the

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Defendants or any trade or business under common control of Defendants (to the extent

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Defendants or any trade or business under common control with Defendants have any obligation)

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to pay, and the rights of the Trusts to assess and collect, withdrawal liability pursuant to 29 USC

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§ 1381 et. seq. (including the use of Defendants’ contribution history for purposes of calculating

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any withdrawal liability); and (iii) any additional claims discovered by audit for any unaudited

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period.

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7.

The Defendants shall have the right at any time to prepay the entire balance owed,

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or any portion thereof, without incurring a prepayment penalty. However, interest will continue

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to accrue on any amount that remains unpaid.

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8.

Should the Defendants fail to satisfy any of the conditions in this Judgment, a

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written Notice of Default shall immediately be delivered to: COOPER LEVENSON, P.A., Attn:

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Katherine M. Morris, 1125 Atlantic Ave., 3rd Floor, Atlantic City, New Jersey 08401, delivery

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confirmation requested, and [e-mail], or at such other address or means as

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the Plaintiffs are notified in advance in writing. Each such Notice required to be sent shall result

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in an automatic late fee and collection charge of $150.00 (which will be applied as a credit

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against any attorney’s fees and costs incurred as a result of the Default) to be paid in addition to

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any payment that Defendants have failed to pay and shall be paid immediately with the cure

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payment. If the Defendants thereafter fail to make the required payment(s) or otherwise fail to

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comply with the conditions of such paragraphs within ten (10) days of the date of such Notice,

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Plaintiffs shall have the right to file a Notice of Termination of Stay of Execution on the

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Judgment informing the Court that the stay has been terminated by Defendants’ Default and

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failure to cure, and Plaintiffs shall have the unconditional and immediate right to execute upon

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the Judgment for whatever amount then remains due and owing, including after-accruing

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interest, attorney’s fees and costs, without further notice to the Defendants or Order from the

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Court. In the event of Defendants’ default and failure to cure, interest on any unpaid Judgment

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balance shall accrue at the rate of seven percent (7%) from the default date until paid in full.

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9.

Defendants shall forthwith execute and submit the following documents, as

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indicated, to Plaintiffs’ attorney:

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a.

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the Stipulation for Entry of Judgment by Confession and for Stay of
Execution;

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b.

this Judgment; and

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c.

Payment One, as described in Paragraph 4 above.

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Signatures to the Stipulation and Judgment as provided via facsimile or scanned document shall

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be valid and shall be deemed the equivalent of original signatures.

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10.

Execution on this Judgment shall be stayed through August 1, 2015, provided that

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Defendants timely satisfy all of the conditions in this Judgment, in the event of Default

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Defendants timely cure, and payment in full is made by the Defendants in accordance with the

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terms of this Judgment.

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11.

Within ten (10) days of Plaintiffs’ receipt and negotiation of the payments

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described herein, this obligation will have been satisfied and Plaintiffs shall deliver to the

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Defendants a written Satisfaction of Judgment and file the same with the Court. A Satisfaction of

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Judgment shall not be executed, filed or delivered until all of Defendants’ obligations under this

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Judgment have been fully performed.

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12.

Defendants have consulted the attorney of their choice and fully understand the

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Dated: June 2, 2014.