STIPULATION FOR ENTRY OF JUDGMENT; ORDER AND JUDGMENT

JAMES DONATO, District Judge.

The parties hereto hereby stipulate and agree as follows:

1. Plaintiffs, The Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California; and Laborers Training and Retraining Trust Fund for Northern California (hereinafter "Trust Funds" or "Plaintiffs"), have brought the above-captioned action against Defendant Lone Star Landscape, Inc. (hereinafter referred to as "Defendant"). Plaintiffs sought payment of unpaid fringe benefit contributions, liquidated damages, and interest. Plaintiffs are also seeking all attorneys' fees, costs, and other reasonable expenses incurred in connection with this action. The parties are desirous of settling this action and as such, the parties hereby stipulate and agree to settle this action under the following terms:

2. Defendant agrees to have judgment entered against it as follows:

4. Nothing in this Stipulation will alter Defendant's ongoing obligations under the collective bargaining agreement, including Defendant's obligations to submit all fringe benefit contributions to the Trust Funds in a timely manner.

5. If Plaintiffs consult legal counsel with respect to the enforcement of this Judgment, there shall be added to Defendant's obligation under a modification to this Stipulation for Entry of Judgment reasonable attorneys' fees, court costs and all other reasonable expenses incurred by Plaintiffs in connection with such suit or claim, including any and all appellate proceedings therein. The parties stipulate to this Court's continuing jurisdiction, and agree that Plaintiffs may seek enforcement of this Stipulation in this Court or in any court of competent jurisdiction under Section 664.6 of the California Code of Civil Procedure and related provisions of federal law.

6. Defendant further stipulates and agrees that if Lone Star Landscape, Inc. is sold, this Agreement shall be binding on its successors, heirs, and assigns regardless of whether it changes the name or style or address of the business.

7. The provisions set forth in this Stipulation for Entry of Judgment are not in violation of any state or federal law. However, if any portion of said stipulation is found to be in violation of any state or federal law, the other portions of this stipulation shall remain in full force and effect.

8. Plaintiffs and Defendant acknowledge that they have had the opportunity to be represented by independent legal counsel of their own choice throughout all of the negotiations that preceded the execution of this Stipulation for Entry of Judgment. Plaintiffs and Defendant further acknowledge that they have had adequate opportunity to perform whatever investigation or inquiry they may deem necessary in connection with the subject matter of this Stipulation for Entry of Judgment prior to its execution, and agree with the delivery and acceptance of the considerations specified in this Stipulation for Entry of Judgment.

9. This Stipulation may be executed in counterpart.

10. The parties hereto mutually state that they have read the foregoing Stipulation for Entry of Judgment and are fully aware of its contents and legal facts. This stipulation for entry of Judgment constitutes the entire agreement of the parties and is entered into on the dates below indicated.

ORDER AND JUDGMENT

It is so ordered that Judgment is entered against Defendant Lone Star Landscape, Inc., a California Corporation, as set forth in the Stipulation for Entry of Judgment. The Court will retain jurisdiction over this case until July 1, 2016.