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Bay Area Painters and Tapers Pension Trust Fund, et al v. Juan Hernandez Reyes

April 17, 2012

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
v.
JUAN HERNANDEZ REYES, INDIVIDUALLY AND DBA
REYES DRYWALL CONSTRUCTION,
DEFENDANT.



The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Court Judge

REQUEST FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION; DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF AND ORDER THEREON

I, Blake E. Williams, declare:

1. I am the attorney of record for Plaintiffs herein.

2. On November 7, 2011, both parties entered into a Stipulation for Entry of Judgment ("Stipulation"), establishing a payment plan to satisfy the amounts owed by Defendant to 22 Plaintiffs in this action. A true and accurate copy of the Stipulation is attached hereto as 23 EXHIBIT A. 24

3. Pursuant to ¶ 9 of the Stipulation, Juan Hernandez Reyes personally guaranteed all 25 amounts due for monthly contributions due for work performed by their employees. 26

4. Pursuant to ¶ 3(a) of the Stipulation, beginning on November 10, 2011 and 27 continuing on or before the 10th day of each month for a period of five (5) months, Defendant was 28 to make monthly stipulated payments to Plaintiffs in the amount of $1,500.00.

5. Defendant made one payment under the Stipulation, totaling $1,500.00, of which $1,467.43 was principal. Therefore, as of November 14, 2011, the date of Defendant's last 3 payment, $5,736.87 remains due and owing under the Stipulation. 4

6. Pursuant to ¶ 3 of the Stipulation, a conditional waiver of $1,257.60 in liquidated 5 damages was subject to Defendant's timely compliance with all obligations set forth in the 6 Stipulation, and Trustee approval, and became due and payable upon default of any of the terms of 7 the Stipulation. 8

9 date of the last payment, to April 10, 2012. Therefore interest of $116.31, at the rate of 5% per 10 annum, has accrued through April 10, 2012. 11

12 current in monthly contributions due to Plaintiffs under the Collective Bargaining Agreement. 13

7. One hundred and forty-eight (148) days have elapsed from November 14, 2011, the

8. Pursuant to ¶¶ 6 and 8 of the Stipulation, Defendant was also required to remain

Failure by Defendant to remain current in contributions constituted a default of the Stipulation and 14 all additional unpaid contributions incurred during the stipulated payment period were to be added 15 to and become part of the Judgment balance, together with 5% per annum interest (from the first 16 of the month following the month due, until paid) and 20% liquidated damages. Defendant failed 17 to pay the contribution balance due for the month of September 2011, in the amount of $2,202.40. 18

Defendant also failed to report or pay October 2011 through March 2012, thereby constituting a 19 ...


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