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Bay Area Painters and Tapers Pension Trust Fund v. Ventura Finishing Systems, C14-03364 HSG. (2016)

Court: District Court, N.D. California Number: infdco20160802b40 Visitors: 9
Filed: Aug. 01, 2016
Latest Update: Aug. 01, 2016
Summary: JUDGMENT PURSUANT TO STIPULATION HAYWOOD S. GILLIAM, Jr. , District Judge . IT IS HEREBY STIPULATED and AGREED (the "Stipulation") by and between the parties hereto, that Judgment shall be entered in the within action in favor of Plaintiffs Bay Area Painters and Tapers Pension Trust Fund, et al. ("Plaintiffs" or "Trust Funds") and against Defendant Ventura Finishing Systems, a California Corporation as follows: 1. Defendants are currently indebted to the Trust Funds as follows: REVISED AU
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JUDGMENT PURSUANT TO STIPULATION

IT IS HEREBY STIPULATED and AGREED (the "Stipulation") by and between the parties hereto, that Judgment shall be entered in the within action in favor of Plaintiffs Bay Area Painters and Tapers Pension Trust Fund, et al. ("Plaintiffs" or "Trust Funds") and against Defendant Ventura Finishing Systems, a California Corporation as follows:

1. Defendants are currently indebted to the Trust Funds as follows:

REVISED AUDIT (8/1/10 — 9/30/14) Contribution Underpayments $111,710.84 20% Liquidated Damages $22,342.17 5% Interest (through 1/31/15) $12,180.01 Additional 5% Interest (1/31/15-7/7/16) $8,017.20 Inspection Costs: $8,494.00 Subtotal: $162,744.22 CONTRIBUTIONS & RELATED AMOUNTS Unpaid 1/12 Contributions $542.80 10% Liquidated Damages on Unpaid 1/12 Contributions (min. $150.00 assessment) 5% Interest on Unpaid 1/12 Contributions (through 7/7/16) $118.23 Unpaid 4/12 Contributions $949.90 10% Liquidated Damages on Unpaid 4/12 Contributions (max. $750.00 assessment) 5% Interest on Unpaid 4/12 Contributions (through 7/7/16) $718.21 Unpaid 5/12 Contributions $542.80 10% Liquidated Damages on Unpaid 5/12 Contributions (max. $750.00 assessment) 5% Interest on Unpaid 5/12 Contributions (through 7/7/16) $384.74 Unpaid 5/13 Contributions $5,634.48 20% Liquidated Damages on Unpaid 5/13 Contributions $1,126.90 5% Interest on Unpaid 5/13 Contributions (through 7/7/16) $851.35 Unpaid 6/13 Contributions $3,922.04 20% Liquidated Damages on Unpaid 6/13 Contributions $784.41 5% Interest on Unpaid 6/13 Contributions (through 7/7/16) $575.95 Unpaid 7/13 Contributions $14,390.02 20% Liquidated Damages on Unpaid 7/13 Contributions $2,878.00 5% Interest on Unpaid 7/13 Contributions (through 7/7/16) $2,054.03 Unpaid 8/13 Contributions $11,945.80 20% Liquidated Damages on Unpaid 8/13 Contributions $2,389.16 5% Interest on Unpaid 8/13 Contributions (through 7/7/16) $1,654.41 Unpaid 9/13 Contributions $9,501.28 20% Liquidated Damages on Unpaid 9/13 Contributions $1,900.26 5% Interest on Unpaid 9/13 Contributions (through 7/7/16) $1,275.51 Unpaid 10/13 Contributions $5,800.20 20% Liquidated Damages on Unpaid 10/13 Contributions $1,160.04 5% Interest on Unpaid 10/13 Contributions (through 7/7/16) 754.82 Unpaid 11/13 Contributions $2,886.34 20% Liquidated Damages on Unpaid 11/13 Contributions $577.27 5% Interest on Unpaid 11/13 Contributions (through 7/7/16) $363.36 Unpaid 12/13 Contributions $2,209.60 20% Liquidated Damages on Unpaid 12/13 Contributions $441.92 5% Interest on Unpaid 12/13 Contributions (through 7/7/16) $268.78 Unpaid 1/14 Contributions $2,697.60 20% Liquidated Damages on Unpaid 1/14 Contributions $539.52 5% Interest on Unpaid 1/14 Contributions (through 7/7/16) $317.80 Unpaid 2/14 Contributions $2,023.20 20% Liquidated Damages on Unpaid 2/14 Contributions $404.64 5% Interest on Unpaid 2/14 Contributions (through 7/7/16) $229.76 Unpaid 7/14 Contributions $5,736.95 20% Liquidated Damages on Unpaid 7/14 Contributions $1,147.39 5% Interest on Unpaid 7/14 Contributions (through 7/7/16) $532.04 Unpaid 8/14 Contributions $6,859.14 20% Liquidated Damages on Unpaid 8/14 Contributions $1,371.83 5% Interest on Unpaid 8/14 Contributions (through 7/7/16) $606.99 Unpaid 9/14 Contributions $3,006.70 20% Liquidated Damages on Unpaid 9/14 Contributions $601.34 5% Interest on Unpaid 9/14 Contributions (through 7/7/16) $253.30 Unpaid 10/14 Contributions $2,725.70 20% Liquidated Damages on Unpaid 10/14 Contributions $545.14 5% Interest on Unpaid 10/14 Contributions (through 7/7/16) $218.43 Subtotal: $110,070.08 Attorneys' Fees (12/3/13 — 7/6/16) $34,471.00 Costs (12/3/13 — 7/6/16) $978.78 Subtotal: $35,449.78 TOTAL DUE:1 $308,264.08

2. Judgment shall be entered for the total due of $308,264.08.

3. Enforcement of Judgment shall be stayed for 45 days from the date that this Judgment is executed by the parties.

4. Defendant shall provide Plaintiffs with reasonably available and relevant financial documentation to allow Plaintiffs to evaluate Defendant's ability to pay the amounts due. Plaintiffs shall provide Defendants with a list of all requested documents, which shall be provided by Defendant to Plaintiffs, if they so exist and/or are available, within ten (10) business days of Defendant receiving said list.

5. The parties agree that the Court shall retain jurisdiction of this matter until this Judgment is satisfied.

IT IS SO ORDERED.

IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall retain jurisdiction over this matter.

FootNotes


1. Defendant has failed to submit its contribution reports for August 2015 through May 2016. Any amounts found to be due for this period, including any liquidated damages and interest, based on contribution reports, time cards, audit, estimates pursuant to Plaintiffs' Collection Procedures, or otherwise, shall be added to the Judgment total.
Source:  Leagle

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