Opinion
No. C 01-03664 CRB
August 13, 2003
PHILIP C. MONRAD, LEONARD, CARDER, NATHAN, ZUCKERMAN, ROSS, CHIN REMAR, Oakland, California, for Plaintiff
STIPULATED JUDGMENT
Pursuant to the terms of the Settlement Agreement and Mutual Release (hereinafter "Agreement") executed by all parties and their counsel on or about June 11, 2002, a copy of which is attached hereto as Exhibit "A", and upon properly noticed application by Plaintiffs, it is hereby ORDERED, ADJUDGED AND DECREED:
1. Pursuant to the terms of the Agreement, Defendants stipulated to entry of judgment in favor of plaintiffs, and against defendants Gerard Simonowicz, aka Adam Müuller, Kim Ferguson and Environ, jointly and severally, in the amount of $80,000.00 if full payment of the full settlement amount of $45,000.00 is not timely paid as required by Paragraph 2 of the settlement agreement.
2. Plaintiffs have demonstrated by uncontroverted evidence that defendants have not complied with their obligations under the terms of the Agreement by making timely payment in full to plaintiffs and their counsel of the full settlement amount of $45,000.00.
3. Accordingly, pursuant to the terms of the settlement, JUDGMENT is hereby entered in favor of plaintiffs, and against defendants Gerard Simonowicz, aka Adam Müuller, Kim Ferguson and Environ, jointly and severally, in the amount of $80,000.00 (eighty-thousand dollars).
4. Pursuant to the terms of the Agreement, Defendants shall pay any and all attorneys' fees and costs incurred by plaintiffs in proceedings to enforce the terms of the settlement, including but not limited to the current application to enforce the settlement and for entry of judgment, as well as any and all further proceedings to enforce and collect on this judgment.
IT IS SO ORDERED, ADJUDGED and DECREED.