Filed: Feb. 21, 2017
Latest Update: Feb. 21, 2017
Summary: NOTICE OF CONDITIONAL SETTLEMENT MARIA-ELENA JAMES , Magistrate Judge . TO THE COURT: In accordance with the Court rules requiring that the parties to expeditiously notify the court when a case has been settled in accordance to the following terms: 1. Defendant has agreed to settle this matter in accordance with a payment plan set forth specifically in a Settlement Agreement between the parties. 2. Said Agreement provides for equal payments by Defendant for a period of five (5) years co
Summary: NOTICE OF CONDITIONAL SETTLEMENT MARIA-ELENA JAMES , Magistrate Judge . TO THE COURT: In accordance with the Court rules requiring that the parties to expeditiously notify the court when a case has been settled in accordance to the following terms: 1. Defendant has agreed to settle this matter in accordance with a payment plan set forth specifically in a Settlement Agreement between the parties. 2. Said Agreement provides for equal payments by Defendant for a period of five (5) years com..
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NOTICE OF CONDITIONAL SETTLEMENT
MARIA-ELENA JAMES, Magistrate Judge.
TO THE COURT:
In accordance with the Court rules requiring that the parties to expeditiously notify the court when a case has been settled in accordance to the following terms:
1. Defendant has agreed to settle this matter in accordance with a payment plan set forth specifically in a Settlement Agreement between the parties.
2. Said Agreement provides for equal payments by Defendant for a period of five (5) years commencing on June 15, 2017 and terminating on or before June 15, 2022 in a amount agreed to by the parties and less than the amount alleged by Plaintiffs in the Complaint.
3. Said Agreement also provides that in the event that a payment does not clear the bank or is not made, this Agreement is in default; but that Defendant shall have five (5) days from the date of notice by Plaintiffs to cure said default.
4. In the absence of said cure, Plaintiffs shall have the right to declare the entire amount of the sum alleged in the Complaint immediately due and payable and shall immediately file a form of Judgment attached hereto as Exhibit "A" for that entire amount. Additional prejudgment interest accruing form November 29, 2016 at the rate of 4% shall also accrue.
5. In the event that the Judgment is filed, Defendant waives any Notice of Entry of Judgment and Request for Writ of Execution.
6. The parties and their respective counsel respectfully request that the Court retain jurisdiction over this case until either Judgment is entered or it has been notified by a Satisfaction of Judgment that all of the terms of the Settlement Agreement have been met.
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the calendar in this matter be vacated and that the Court retain jurisdiction over this matter until such time as Judgment is entered or a Notice of Satisfaction is filed with the Court.
EXHIBIT "A"
KERRY FENNELLY (SBN 232621) kfennelly@donaldsonandcornwell.com VALENTINA S. MINDIRGASOVA (SBN 272746) vmindirgasova@donalsonandcornwell.com CORNWELL & BALDWIN 1017 Est Grand Avenue Escondido, CA 92025 Telephone: (760) 747-1100 Facsimile: (760) 747-1188
Attorneys for Plaintiffs PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND AND BOARD OF TRUSTEES OF THE PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND
MICHAEL A. FARBSTEIN (SB#107030) maf@farbstein.com H. ANN LIROFF (SB#113180) hal@farbstein.com MAGGIE W. TRINH (SB#279604) mwt@farbstein.com FARBSTEIN & BLACKMAN A Professional Corporation 411 Borel Avenue, Suite 425 San Mateo, California 94402-3518 Telephone: (650) 554-6200 Facsimile: (650) 554-6240
Attorneys for Defendant SERVICE PRESS, INC.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
PRINTING SPECIALTIES AND PAPER CASE NO. 3:16-cv-07002-MEJ
PRODUCTS JOINT EMPLOYER AND
UNION HEALTH AND WELFARE JUDGMENT
FUND AND BOARD OF TRUSTEES
OF THE PRINTING SPECIALTIES
AND PAPER PRODUCTS JOINT
EMPLOYER AND UNION HEALTH
AND WELFARE FUND,
Plaintiffs,
vs.
SERVICE PRESS, INC., a California Complaint Filed: December 7, 2016
corporation,
Defendant.
The parties hereby stipulate that Judgment may be entered by Plaintiffs PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND AND BOARD OF TRUSTEES OF THE PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND against Defendant SERVICE PRESS, INC. for default of its Settlement Agreement with Plaintiffs in the amount of $163,916.89, plus pre-judgment interest at the rate of 4% per annum from the date of November 29, 2016 until paid.
DATED: ___________ FARBSTEIN & BLACKMAN
By:____________________________
H. Ann Liroff
Attorneys for Defendant
SERVICE PRESS, INC.
DATED: ___________ CORNWELL & BALDWIN
By:____________________________
Kerry K. Fennelly
Attorneys for Plaintiffs
PRINTING SPECIALTIES AND
PAPER PRODUCTS JOINT
EMPLOYER AND UNION HEALTH
AND WELFARE FUND AND BOARD
OF TRUSTEES OF THE PRINTING
SPECIALTIES AND PAPER
PRODUCTS JOINT EMPLOYER AND
UNION HEALTH AND WELFARE
FUND
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment be entered in the above-entitled action against Defendant SERVICE PRESS, INC. in favor of Plaintiffs PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND AND BOARD OF TRUSTEES OF THE PRINTING SPECIALTIES AND PAPER PRODUCTS JOINT EMPLOYER AND UNION HEALTH AND WELFARE FUND in the amount of $163,916.89, plus pre-judgment interest at the rate of 4% per annum from the date of November 29, 2016 until paid.
DATED: _____________ ________________________________
UNITED STATES MAGISTRATE JUDGE