Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The Board of Trustees v. Brisbin

United States District Court, N.D. California, San Francisco Division

June 26, 2014

THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff,
v.
JOHN CLARK BRISBIN, individually; JOHN CLARK BRISBIN, individually and doing business as CONSTRUCTION DEVELOPMENT SYSTEMS; and CONSTRUCTION DEVELOPMENT SYSTEMS, Defendants.

ORDER GRANTING MOTION TO ENFORCE SETTLEMENT AGREEMENT [ECF No. 25]

LAUREL BEELER, Magistrate Judge.

INTRODUCTION

The parties to this ERISA unpaid contributions case executed a settlement agreement and stipulated to dismissal in January 2014. See Stipulation and Order for Dismissal, ECF No. 24. Plaintiff now moves to enforce the settlement agreement, arguing that Defendants have failed to make required payments. See Motion, ECF No. 25. The court GRANTS Plaintiff's motion and enters judgment against Defendants in the amount of $102, 677.67, allocated as follows: (1) $96, 040.67 in contributions, liquidated damages, interest, and pre-settlement attorney's fees; (2) $3, 473.25 in post-settlement interest; and (3) $3, 163.75 in post-settlement attorney's fees and costs.

STATEMENT

Plaintiff the Board of Trustees are Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Laborers Vacation-Holiday Trust Fund for Northern California, and Laborers Training and Retraining Trust Fund for Northern California (collectively, "Trust Funds"). See Motion, ECF No. 25 at 2. Each of the Trust Funds is an employee benefit plan created by a written Trust Agreement that is subject to section 302 of the Labor Management Relations Act ("LMRA") (29 U.S.C. § 186) and a multi-employer employee benefit plans within the meaning of sections 3, 4, and 502 of the Employee Retirement Income Security Act ("ERISA"), Pub. L. No. 93-406 (codified in part at 29 U.S.C. § 1002 et seq. ). Complaint, ECF No. 1 at 2.

Defendants John Clark Brisbin, individually, and doing business as Construction Development Systems, and Construction Development Systems are an employer within the meaning of section 3(5) and section 515 of ERISA and an employer in an industry affecting commerce within the meaning of section 301 of the LMRA. Id. at 2-3. Defendants are a signatory employer to a collective bargaining agreement with the Northern California District Council of Laborers (the "Union"), which is a labor organization within the meaning of section 301 of the LMRA. Id. at 3. Defendants signed a Memorandum of Agreement with the Union that incorporates the Laborers' Master Agreement, which incorporates the Trust Agreements establishing each of the Trust Funds. Id.

The Master Agreement obligated Defendants to pay certain fringe benefits contributions for all covered work performed by its employees. Id. at 3-4. If Defendants paid delinquent contributions, the Master Agreement obligated them to pay interest, liquidated damages, attorney's fees and other collection costs, and provided for the audit of Defendants books and records so that Plaintiff could ascertain whether all fringe benefit contributions were timely paid. Id. at 4.

According to the Complaint, for the period June 2012 to February 2013, Defendants owed at least $24, 788.13 in unpaid contributions. Id. at 4. They owed liquidated damages and interest of $11, 667.82 for delinquent contributions for the period June 2010 through November 2012. Id. Finally, they owed liquidated damages and interest on of $2, 966.85 on the unpaid contributions from June 2012 through January 2013. Id.

Plaintiff filed suit against Defendants on April 24, 2013. See generally id. Defendant "John C. Brisbin a sole proprietorship, doing business as Construction Development Systems" appeared and answered Plaintiff's complaint. Answer, ECF No. 7 at 1. The parties consented to the undersigned's jurisdiction. See Plaintiff's Consent, ECF No. 6; Joint Case Management Conference Statement, ECF No. 8 at 3 (stating "[t]he Parties consent to proceed before a Magistrate Judge for all purposes.").

On December 17, 2013, the parties filed a Notice of Settlement stating that they had reached a settlement and were in the process of finalizing the settlement documents. See Notice, ECF No. 21. The Settlement Agreement was fully executed on December 18, 2013. See Settlement Agreement, Lauziere Decl. Ex. A, ECF No. 27-1 at 5. The Settlement Agreement contains the following relevant terms:

1. Parties. The parties to this Agreement ("Parties") are:
A. LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA (hereinafter referred to as "Trust Funds"); and
B. JOHN CLARK BRISBIN, individually; JOHN CLARK BRISBIN, individually and doing business as CONSTRUCTION DEVELOPMENT SYSTEMS; and CONSTRUCTION DEVELOPMENT SYSTEMS (hereinafter referred to as "Employer").
2. Released Matters. The disputes to be settled are set forth below in this paragraph and constitute the "Released ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.