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NORTHWEST ADMINISTRATORS, INC., Plaintiff v. PACIFIC CEMENT COMPANY, etc., Defendant.

JUDGMENT PURSUANT TO STIPULATION

SAMUEL CONTI, Judge

It appearing that plaintiff, NORTHWEST ADMINISTRATORS, INC., the administrators of the Western Conference of Teamsters Pension Trust Fund, through their attorneys and defendant, PACIFIC CEMENT COMPANY, a business organization, form unknown, have stipulated that plaintiff have and recover judgment from defendant, and it appearing that the stipulation is in all respects proper and that the stipulation provides for judgment against defendant in the amount of $12,057.82,

IT IS HEREBY ORDERED AND ADJUDGED that plaintiff have and recover judgment from defendant in the amount of $12,057.82, which amount is composed of the following:

1. Liquidated damages due and unpaid to the Western Conference of Teamsters Pension Trust Fund for the period November 2001 through April 2002 on Pension Account Number 314264 in the total amount of $10,762.75;

2. Interest due pursuant to contract in the amount of $550.07;

3. Attorneys fees due pursuant to contract in the amount of $450.00; and

4. Costs of suit incurred in this action in the amount of $295.00.

IT IS FURTHER ORDERED AND ADJUDGED that execution will not issue on the judgment so long as defendant fully complies with the following conditions:

1. Defendant shall make payments of all amounts to become due to the Western Conference of Teamsters Pension Trust Fund pursuant to contract between defendant and local union(s) for hours worked by defendant's employees, commencing with the payment for August 2002 hours due on or before September 10, 2002 and continuing until the full amount of the judgment is paid. Each of said payments will be made by check payable to the Western Conference of Teamsters Pension Trust Fund and should be sent to Department #39031, P.O. Box 39000, San Francisco, CA 94139-9031 (the address shown on the monthly reporting form).

2. Defendant shall pay the amount of the judgment in six (6) equal monthly installments of $2,009.64, commencing on September 20, 2002 and continuing on the twentieth (20th) day of each of the five (5) months thereafter until the full amount of the judgment is paid. Each of said payments will be made by check payable to the Western Conference of Teamsters Pension Trust Fund and should be sent to ERSKINE TULLEY, 220 Sansome Street, Suite 600, San Francisco, CA 94104, attention Diane Andrade.

3. Plaintiff and Defendant each understand and agree that any modification of payments must be made in writing and agreed to by both the Plaintiff and the Defendant.

4. Should any current payment due under the collective bargaining agreement become delinquent, the entire amount of this judgment and the current delinquent contributions and liquidated damages, reduced by any offset for payments made, shall become due and payable immediately and execution may commence on the judgment after seven days written notice to the Defendant and Defendant's counsel. If defendant cures the default during the seven day period, the debt shall not be accelerated and the judgment will not be immediately enforced.

IT IS FURTHER ORDERED AND ADJUDGED that upon failure of the Defendant to make any of their monthly contribution payments pursuant to the collective bargaining agreement as set forth in paragraph 1 above, and in the timely manner as required above, and pursuant to the terms of this stipulation as set forth in paragraphs 2, 3, and 4, execution on the entire judgment in the amount of $12,057.82 and the current delinquent contributions and liquidated damages, reduced by any offsets for payments made, shall issue only after seven (7) days written notice to the Defendant and Defendant's counsel that Plaintiff or Plaintiff's attorney declares a default and intends to file a Declaration stating that a default has occurred on the part of the defendant. Defendant waives notice of any hearing held by the court upon the earlier execution of this judgment or Plaintiff's declaration. If defendant cures the default during the seven day period, the debt shall not be accelerated and the judgment will not be immediately enforced.

This judgment shall cover only the amounts paid pursuant to this stipulated judgment. The judgment does not include any unknown amounts due to the Plaintiff for the time period November 2001 through April 2002, which may be discovered at a later date, and specifically does not waive the right of plaintiff to audit the employer for that time period and collect any additional monies found delinquent as a result of an audit.

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NORTHWEST ADMINISTRATORS, INC. v. PACIFIC CEMENT COMPANY, (N.D.Cal. 2002)
(Sep 20, 2002)