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Bay Area Painters and Tapers Pension Trust Fund v. J.F. McCray Plastering, Inc.

United States District Court, Ninth Circuit

May 22, 2013

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., Plaintiffs,
v.
J.F. McCRAY PLASTERING, INC., a California Corporation, Defendant.

Muriel B. Kaplan, Esq. (SBN 124607), Michele R. Stafford, Esq. (SBN 172509), SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.

NOTICE AND ACKNOWLEDGMENT; and JUDGMENT PURSUANT TO STIPULATION

CLAUDIA WILKEN, District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto, that Judgment may be entered in the within action in favor of the Plaintiffs, BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. (collectively "Plaintiffs" or "Trust Funds") and against Defendant J.F. McCRAY PLASTERING, INC., a California Corporation, and/or its successor entities ("Defendant"), as follows:

1. Defendant entered into a valid Collective Bargaining Agreement with the District Council 16 of the International Union of Painters and Allied Trades AFL-CIO (hereinafter "Bargaining Agreement"). This Bargaining Agreement has continued in full force and effect to the present time.

2. DIANE KAY McCRAY, President of J.F. McCRAY PLASTERING, INC., acknowledges receipt of the following documents in this action on behalf of Defendant J.F. McCRAY PLASTERING, INC., a California Corporation: Summons; Complaint; Certification of Interested Entities or Persons Pursuant to Local Rule 3-16; Order Setting Initial Case Management Conference and ADR Deadlines; Judge Laporte's Standing Order Re Case Management Conference; Standing Order for All Judges of the Northern District of California, Contents of Joint Case Management Statement; Notice of Assignment of Case to a United States Magistrate Judge for Trial; Consent to Proceed Before A United States Magistrate Judge (Blank Form); Declination to Proceed Before a Magistrate Judge and Request For Reassignment to A United States District Judge (Blank Form); ECF Registration Information Handout; Welcome to the U.S. District Court; ADR Dispute Resolution Procedures in the Northern District of California; Instructions for Completion of ADR Forms Regarding Selection of and ADR Process; Stipulation and [Proposed] Order Selecting ADR Process (Blank Form); Notice of Need for ADR Phone Conference (Blank Form); ADR Certification By Parties and Counsel (Blank Form).

3. DIANE KAY McCRAY acknowledges that she is the CEO/President of J.F. McCRAY PLASTERING, INC., and specifically consents to the Court's jurisdiction for all proceedings herein. Ms. McCray, (hereinafter "Guarantor") also confirms that in consideration of the within payment plan she is personally guaranteeing the amounts due pursuant to the terms of this Stipulation.

4. Defendant has become indebted to the Trust Funds as follows:

10/12 Contribution balance[1] $40, 494.23 3/13 Contributions $11, 929.60 4/13 Contributions $11, 315.20 Liquidated Damages (8-10/12; 12/12-4/13) $8, 368.24 5% Interest (through 5/6/13) $3, 481.80 Subtotal: $75, 589.07 Attorneys' Fees (11/26/12-5/6/13) $8, 283.00 Costs of Suit $350.00 Subtotal: $84, 222.07 Credit for 3/13 Contribution payment [2] (-$11, 929.60) _____________ Subtotal: $72, 292.47

5. Defendant shall pay the amount of $72, 292.47, representing the amounts described in Paragraph 4 above, as follows:

(a) Defendant shall pay to Plaintiffs the amount of $31, 798.24 (representing all amounts described above, except for the October 2012 contribution balance), to be received on or before May 31, 2013.

(b) For a period of three (3) months, beginning on or before June 15, 2013, and on or before the 15th day of each month thereafter, through and including August 15, 2013, Defendant/Guarantor shall pay to Plaintiffs the amount of $13, 550.00 per month.

(c) Payments shall be made payable to the " District Council 16 Northern California Trust Funds " and delivered to Muriel B. Kaplan at Saltzman & Johnson Law Corporation, 44 Montgomery Street, Suite 2110, San Francisco, California 94104, or to such other address as may be specified by Plaintiffs.

(d) Payments shall be applied first to unpaid interest and then to unpaid principal. The unpaid principal balance shall bear interest at the rate of 5% per annum, from March 7, 2013, ...


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