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SERVICE EMPLOYEES INTERNATIONAL UN. v. PROTEAN HEALTH SER.

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,
v.
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. Page 2

  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 $335.00;

  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. Page 3

  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, California.

20040227

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