Free Proposed Order - District Court of California - California

Case 3:07-cv-05045-MMC

Document 18

Filed 04/11/2008

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 120 Howard Street, Suite 520 3 San Francisco, CA 94105 (415) 882-7900 4 (415) 882-9287 ­ Facsimile [email protected] 5 [email protected] 6 Attorneys for Plaintiffs 7 8 9 10 11 12 GIL CROSTHWAITE, et al., as Trustees of the 13 OPERATING ENGNEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN 14 CALIFORNIA, et al., 15 16 v. Plaintiffs, Case No.: C07-5045 MMC [PROPOSED] JUDGMENT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

17 JOHN TAYLOR NORTHROP, individually and dba KRISTIN CONSTRUCTION, 18 Defendant. 19 20 21 Defendant, JOHN TAYLOR NORTHROP, individually and dba KRISTIN

22 CONSTRUCTION, having failed to plead or otherwise defend in this action and its default having 23 been entered, 24 25 26 all sums due and owing under the terms of the Collective Bargaining Agreement and Trust 27 28 Agreements as amended and incorporated therein, according to proof, as follows: 1
[PROPOSED] JUDGMENT CASE NO.: C07-5045 MMC
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It is hereby ORDERED, ADJUDGED AND DECREED that defendant JOHN TAYLOR NORTHROP, individually and dba KRISTIN CONSTRUCTION shall promptly pay to plaintiffs

Case 3:07-cv-05045-MMC

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Filed 04/11/2008

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Contributions (7/06-2/07) Liquidated damages Interest Unpaid contributions found due on audit (1/1/043/31/07) 15% Liquidated Damages 12% Interest on combined contributions and liquidated damages found due on audit (to 7/20/07) Wage violations Audit Fees and Costs 12% Interest on unpaid or underpaid contributions per audit (7/21/07-5/16/08) Attorneys Fees (8/5/07-47/08) Costs of Suit TOTAL

$49,099.39 $7,154.36 $12,278.80 $68,532.55 $17,787.51 $3,880.30 $1,650.52 $3,468.47 $11,377.69 $38,164.48 $2,137.10 $2,558.50 $587.50 $111,980.13

IT IS SO ORDERED, that judgment be entered totaling $111,980.13, plus 12% per annum 15 16 interest ($25.62 per diem) on combined contributions and liquidated damages ($77,921.56) at the

17 rate of twelve percent (12%) from April 8, 2008, and post-judgment interest at the legal rate on the 18 balance ($34,058.57), to date of satisfaction of Judgment. 19 It is further ordered that defendants provide their reports to plaintiff Trust Funds for the

20 period March 2007 through the date of this Judgment, within 15 days of the date of entry of this 21 22 23 24 25 26 27 28
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Judgment, and that the Court shall retain jurisdiction over this matter.

Dated:___________________________

______________________________________ MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE

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[PROPOSED] JUDGMENT CASE NO.: C07-5045 MMC

Case 3:07-cv-05045-MMC

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Filed 04/11/2008

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1 2 3 4 5 6 7 8 I, the undersigned, declare:

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 120 Howard Street, Suite 520, San Francisco, California 94105. On April 11, 2008, I served the following document(s): [PROPOSED] JUDGMENT

9 on the interested parties in said action by placing a true and exact copy of each document in a 10 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 11 Francisco, California, addressed as follows: 12 13 14 15 16 I declare under penalty of perjury that the foregoing is true and correct and that this John Taylor Northrop dba Kristin Construction 1781 Autumn Meadows Fairfield, California 94585

th 17 declaration was executed on this 11 day of April, 2008, at San Francisco, California.

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______________/s/__________________ Vanessa de Fábrega

-1[PROPOSED] JUDGMENT Case No.: C07-1491 CRB