United States District Court, N.D. California
November 18, 2005.
BOARD OF TRUSTEES OF THE BAY AREA ROOFERS HEALTH AND WELFARE TRUST FUND, et al., Plaintiffs,
ROYCE B PETERSON ROOFING, INC. d/b/a PETERSON & JENKINS ROOFING COMPANY, Defendant.
The opinion of the court was delivered by: SAUNDRA ARMSTRONG, District Judge
On January 12, 2005, Plaintiffs filed a complaint against
Defendant Royce B. Peterson Roofing, Inc. for violations of the
National Labor Relations Act of 1947, 29 U.S.C. § 185(a), and the
Employee Retirement Income Security Act, 29 U.S.C. § 1132.
On April 20, 2005, Plaintiffs moved for entry of default
against Defendant. On April 21, 2005, default was entered against
On or about August 31, 2005, the Court was notified that a
settlement had been reached between the parties. Accordingly, on
that date, the Court dismissed the case without prejudice to
being reopened in the event that the settlement was not finalized
within thirty days.
On September 27, 2005, Plaintiffs filed a Stipulated Judgement
and Proposed Order (hereinafter referred to as the "Proposed
Judgment") [Docket No. 17]. In the Proposed Judgment, Plaintiffs
request that the Court enter judgment in the amount of
$10,729.02, which is comprised of liquidated damages for the
months of August 2004 through May 2005 in the amount of
$10,404.02, and costs of suit in the amount of $325.00.
Plaintiffs also request that the judgment reflect that no action
shall be taken to enforce the judgment prior to August 10, 2006.
Having reviewed the papers submitted by Plaintiffs, the Court
notes that it cannot recognize the Proposed Judgment as a stipulation, since the stipulation is
signed by a representative of Peterson & Jenkins Roofing Inc., a
California corporation, and not by an attorney. Pursuant to Civil
Local Rule 3-9(b), a corporation may appear in this Court only
through a member of the bar of this Court. The Court shall
therefore construe Plaintiffs' submission as an unopposed motion
for default judgment. Having considered the papers submitted by
Plaintiffs, the Court finds that judgment shall be entered in
Plaintiffs' favor pursuant to Plaintiffs' request.
IT IS HEREBY ORDERED THAT judgment shall be entered in favor of
Plaintiffs and against Defendant Royce B. Peterson Roofing, Inc.
in the amount of $10,729.02, which amount is comprised of the
(a) Liquidated damages for the months of August 2004
through May 2005 in the amount of $10,404.02; and
(b) Costs of suit incurred herein in the amount of
IT IS FURTHER ORDERED THAT no action shall be taken to enforce
this judgment prior to August 10, 2006. If Defendant pays all
fringe benefits on time through that date a full satisfaction
shall be issued.
IT IS SO ORDERED.
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