United States District Court, N.D. California
February 27, 2004.
SERVICE EMPLOYEES INTERNATIONAL UNION NATIONAL INDUSTRY PENSION FUND, ANDREW STERN, Trustee, ROD BASHIR, Trustee, CHARLES RIDGELL, Trustee, SHARLEEN STEWART, Trustee, JAMES BERG, Trustee, EDWARD J. MANKO, Trustee, JOHN J. SHERIDAN, Trustee, LEE CRETAROLO, Trustee, WILLIAM F. STUHLBARG, Trustee, Plaintiffs,
PROTEAN HEALTH SERVICES, INC., a California corporation, doing business as CLINTON VILLAGE CONVALESCENT HOSPITAL, Defendant
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
REVISED (PROPOSED) JUDGMENT
Plaintiffs, Service Employees International Union National Industry
Pension Fund, et al., herein revise their (Proposed) Judgment to include
attorneys' fees incurred in the litigation of this matter. The defendant,
Protean Health Services, Inc., a California corporation, doing business
as Clinton Village Convalescent Hospital, having failed to appear, its
default having been entered, and upon application of the plaintiffs for a
judgment by default.
IT IS HEREBY ORDERED as follows:
1. Defendant is indebted and shall pay to plaintiffs the total amount
of $52,545.38, itemized as follows:
a) Unpaid contributions for hours worked by its employees during the
months of September 2001 through November 2003, totaling $37,046.67;
b) Liquidated damages on delinquent contributions at twenty percent
(20%) of the delinquency, totaling $7,973.28;
c) Interest at ten percent (10%) simple interest per annum on unpaid
contributions calculated through January 30, 2004, totaling $2,585.43;
d) Attorneys fees in the amount of $ 4,605.00;
e) Costs incurred in the litigation of this matter in the amount of
2. Defendant is barred from disposing of any of its assets until this
Judgment has been satisfied in full; and
3. The Court retains jurisdiction of this case pending the full
satisfaction of this Judgment.
PROOF OF SERVICE
I, the undersigned, declare that I am employed in the City and County
of San Francisco, California; I am over the age of eighteen (18) years
and not a party to the within action; my business address is 120 Howard
Street, Suite 520, San Francisco, California 94105.
On February 9, 2004, 1 served the following documents:
REVISED (PROPOSED) JUDGMENT
on the interested party in this action:
Protean Health Services, Inc. dba Clinton Village Convalescent Hospital
1815-10th Avenue Oakland, CA 94606
by placing a true copy thereof enclosed in a sealed envelope addressed
as above, with first-class postage fully prepaid, and personally
deposited same with the United States Postal Service for mailing at San
Francisco, California. I am readily familiar with the business practice
at my place of business for collection and processing of correspondence
for mailing with the United States Postal Service. Correspondence so
collected and processed is deposited with the United States Postal
Service that same day in the ordinary course of business.
I declare under penalty of perjury that the foregoing is true and
correct. Executed this 9th day of February 2004, at San Francisco,
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