NATIONAL ROOFING INDUSTRY PENSION PLAN v. FRYER ROOFING CO., INC., 14-cv-1765-MCE-KJN. (2015)
Court: District Court, E.D. California
Number: infdco20150501i47
Visitors: 13
Filed: Apr. 29, 2015
Latest Update: Apr. 29, 2015
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . On March 13, 2015, Plaintiffs filed an Ex Parte Application seeking the entry of judgment against Defendant. ECF No. 13. Plaintiffs' Application explains that: (1) the parties reached an agreement to settle this case on January 15, 2015; (2) the parties specified the terms and conditions of the settlement in a Settlement Agreement; (3) the Settlement Agreement provided, inter alia, that if Defendant did not pay the stipulated monthly s
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . On March 13, 2015, Plaintiffs filed an Ex Parte Application seeking the entry of judgment against Defendant. ECF No. 13. Plaintiffs' Application explains that: (1) the parties reached an agreement to settle this case on January 15, 2015; (2) the parties specified the terms and conditions of the settlement in a Settlement Agreement; (3) the Settlement Agreement provided, inter alia, that if Defendant did not pay the stipulated monthly se..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
On March 13, 2015, Plaintiffs filed an Ex Parte Application seeking the entry of judgment against Defendant. ECF No. 13. Plaintiffs' Application explains that: (1) the parties reached an agreement to settle this case on January 15, 2015; (2) the parties specified the terms and conditions of the settlement in a Settlement Agreement; (3) the Settlement Agreement provided, inter alia, that if Defendant did not pay the stipulated monthly settlement payments in a timely fashion, then Plaintiffs would file a Stipulated Judgment for a total of $81,600 (less any amounts that Defendant may have paid); and (4) Defendant has paid only $6,800 of the $81,600 (and therefore still owes $74,800).
On March 16, 2015, the Court issued an order providing Defendant two business days to file an opposition to Plaintiff's Ex Parte Application. ECF No. 15. Defendant has not filed an opposition.
In light of Defendant's failure to file an opposition and the unambiguous terms of the Settlement Agreement, the Court hereby ORDERS that judgment be entered against Defendant in the amount of $74,800. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Source: Leagle
