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U.A. Local 342 Joint Labor- Management Committee; Northern v. Absolute Air

June 13, 2012

U.A. LOCAL 342 JOINT LABOR- MANAGEMENT COMMITTEE; NORTHERN CALIFORNIA PIPE TRADES PENSION TRUST; NORTHERN CALIFORNIA PIPE TRADES HEALTH AND WELFARE TRUST; LOCAL UNION 342, PLUMBERS & STEAMFITTERS, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA (AFL-CIO); U.A. LOCAL 342 APPRENTICESHIP & TRAINING TRUST FUND AND JAMES WILLIAMS, AS TRUSTEE OF THE ABOVE TRUSTS, PLAINTIFFS,
v.
ABSOLUTE AIR, INC., DEFENDANT.



The opinion of the court was delivered by: Judge Phyllis Hamilton

RICHARD K. GROSBOLL, State Bar No. 99729 BENJAMIN K. LUNCH, State Bar No. 246015 SONYA M. GORDON, State Bar No. 232600 NEYHART, ANDERSON, FLYNN & GROSBOLL 369 Pine Street, Suite 800 San Francisco, CA 94104-3233 Tel. (415) 677-9440 Fax (415) 677-9445 Email: rgrosboll@neyhartlaw.com blunch@neyhartlaw.com sgordon@neyhartlaw.com

STIPULATION FOR CONTINGENT ORDER OF DISMISSAL & [Proposed] ) CONTINGENT ORDER OF DISMISSAL ) Location: 1301 Clay Street, Oakland, CA 94612 Courtroom: Courtroom 3 - 3rd Floor Judge: Hon. Phyllis J. Hamilton

The Plaintiffs hereto stipulate as follows:

1. The parties have reached agreement to settle this case under the terms and

conditions specified in the Settlement Agreement filed and/or lodged concurrently herewith.

2. The settlement requires payment of consideration in payments over time.

3. If the settlement payments are not timely made or if the Settlement Agreement is otherwise breached, Plaintiffs can file a Stipulation for Entry of Judgment attached to the Settlement Agreement as Exhibit "A". The Court shall then Order the Entry of Judgment.

Plaintiffs have agreed not to file the Stipulation for Entry of Judgment if the Settlement Agreement is complied with in full.

4. The parties agree that Plaintiffs may reopen the matter at any time if Plaintiffs certify to the Court that the consideration has not been paid or other terms and conditions of the Settlement Agreement have not been complied with. At that time, Plaintiffs may insert the appropriate amount owed and file the Stipulation for Entry of Judgment.

IT IS SO STIPULATED.

Respectfully Submitted, Dated: June 12, 2012 NEYHART, ANDERSON, FLYNN & GROSBOLL By: /s/ Sonya M. Gordon SONYA M. GORDON Attorney for Plaintiffs

D R T T I N IT IS SO ORDERED

SETTLEMENT AGREEMENT

This settlement agreement ("Agreement") is entered into by U.A. 342 Joint Labor-Management Cooperation Committee, Inc., dba NORTHERN CALIFORNIA PIPE TRADES TRUST FUNDS (hereinafter "NCPTTF"), and all other Plaintiffs (hereinafter "Plaintiffs") and by ABSOLUTE AIR, INC. (hereinafter "Absolute Air"), the Defendant, in Civil Action No.4:11-CV-2409-PJH, which is presently pending in the United States District Court for the Northern District of California (this "Action").

The parties wish to finally and fully settle all matters between them and hereby agree as follows:

1. Parties. Plaintiffs and Absolute Air (hereinafter collectively referred to as the "patties") have reached a settlement of a dispute involving unpaid delinquent employer contributions for the audit period of May 1,2006 to December 31, 2009 hours, as required by the collective bargaining agreement between U.A. Local 342 and the Northern California Mechanical Contractors Association, Inc. and Industrial Contractors UMIC, Inc. This Settlement Agreement addresses a dispute arising under the Employee Retirement Income Security Act, 29 U.S.C. section 1132(a), (e) and (g) and section 1145.

2. Amounts Due. The Plaintiffs allege that Absolute Air owes $31,449.35 in principal, $6,289.89 in liquidated damages, $5,744.04 in interest, and $14,811.50 in attorneys' fees associated with its delinquency for the audit period of May 1, 2006 to December 31, 2009 hours, totaling $58,294.78. Plaintiffs agree to accept $23,504 in full payment of these claims from Absolute Air so long as Absolute Air makes timely payments of$I,500 per month. Absolute Air agrees to the following payment schedule with the NCPTTF:

a. Monthly Payments. Absolute Air agrees to make monthly payments of not less than $1,500 per month for a period of fifteen (15) months and a final payment of $004, with the first payment to be received by the NCPTTF Bank Depository no later than April 30, 2012. Subsequent payments must be received by the NCPTTF Bank Depository no later than the 31 51 of each subsequent ...


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