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RESILIENT FLOOR COVERING PENSION FUND v. M & M INSTALLATION, INC., C08-05561 BZ. (2012)

Court: District Court, N.D. California Number: infdco20121129b35 Visitors: 16
Filed: Oct. 19, 2012
Latest Update: Oct. 19, 2012
Summary: STIPULATED JUDGMENT BERNARD ZIMMENMAN, Magistrate Judge. Plaintiffs Resilient Floor Covering Pension Fund and the Board of Trustees of the Resilient Floor Covering Pension Fund, and Defendant and Counter-Claimant Simas Floor Company, Inc. ("Simas Floor") and Defendants M&M Installation, Inc. ("M&M"), Mark K. Simas, Kenneth Simas, Jack Simas, David G. Simas, Craig Simas, and Michele Simas Carli, by and through their respective attorneys of record herein, stipulate and agree as follows: 1. The
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STIPULATED JUDGMENT

BERNARD ZIMMENMAN, Magistrate Judge.

Plaintiffs Resilient Floor Covering Pension Fund and the Board of Trustees of the Resilient Floor Covering Pension Fund, and Defendant and Counter-Claimant Simas Floor Company, Inc. ("Simas Floor") and Defendants M&M Installation, Inc. ("M&M"), Mark K. Simas, Kenneth Simas, Jack Simas, David G. Simas, Craig Simas, and Michele Simas Carli, by and through their respective attorneys of record herein, stipulate and agree as follows:

1. The parties have entered into a Settlement Agreement and Mutual Release of All Claims ("Settlement Agreement"), a true and correct copy of which is attached as Exhibit A to the Declaration of Katherine McDonough.

2. The parties stipulate to the entry of judgment in favor of Plaintiffs and against Defendant Simas Floor, as follows:

a. Plaintiff Resilient Floor Covering Pension Fund will retain all withdrawal liability payments made as of May 31, 2012 by Defendants M&M and/or Simas Floor (including those payments made under protest), all of which shall be and are credited as payments of Defendant M&M's withdrawal liability. b. In accordance with Paragraphs 2(a) through (e) of the parties' Settlement Agreement, Defendant Simas Floor shall pay the Reduced Withdrawal Liability of $1,260,597.00 to Plaintiff Pension Fund in fifty (50) equal quarterly installments of principal and interest in the amount of$37,500.00, beginning in June, 2012 and continuing each September, December, March and June thereafter until the final installment payment in September, 2024, or until the Reduced Withdrawal Liability is paid in accordance with subparagraph 2(c) of the Settlement Agreement, whichever is earlier. c. Except as stated above, all claims alleged in the 2nd Amended Complaint and in the Counterclaim on file herein shall be dismissed, with prejudice. d. Each party shall bear its own costs and attorneys fees, if any, incurred herein or in any appeals. e. This Court shall retain jurisdiction to enforce this Stipulated Judgment in accordance with the terms of the parties' Settlement Agreement.

ORDER AND JUDGMENT

Pursuant to the foregoing Stipulation of the parties and the Settlement Agreement and Mutual Release of All Claims ("Settlement Agreement") which is attached as Exhibit A to the Declaration of Katherine McDonough,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is awarded in favor of Plaintiffs Resilient Floor Covering Pension Fund and the Board of Trustees of the Resilient Floor Covering Pension Fund, and against Defendant and Counter-Claimant Simas Floor Company, Inc., as follows:

1. Plaintiff Resilient Floor Covering Pension Fund will retain all withdrawal liability payments made as ofMay 31,2012 by Defendant M&M Installation, Inc. and/or Defendant and Counter-Claimant Simas Floor Company, Inc. (including those payments made under protest), all ofwhich shall be and are credited as payments ofM&M's Withdrawal Liability. Case No. C08-05561 BZ

2. In accordance with Paragraphs 2(a) through (e) of the parties' Settlement Agreement, Defendant and Counter-Claimant Simas Floor Company, Inc. shall pay the Reduced Withdrawal Liability of $1,260,597.00 to Plaintiff Resilient Floor Covering Pension Fund in fi (50) equal quarterly installments of principal and interest in the amount of$37,500.00, beginning in June, 2012 and continuing each September, December, March and June thereafter until the final installment payment in September, 2024, or until the Reduced Withdrawal Liability is paid in accordance with subparagraph 2(c) of the parties' Settlement Agreement, whichever is earlier.

3. Except as stated above, all claims alleged in the 2nd Amended Complaint and the Counterclaim on file herein are dismissed, with prejudice.

4. Each party shall bear its own costs and attorneys fees, if any, incurred herein or in any appeals.

5. This Court retains jurisdiction to enforce this Stipulated Judgment in accordance with the terms of the parties' Settlement Agreement.

IT IS SO ORDERED.

Source:  Leagle

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