Opinion
22-00581-CV-W-DGK
09-16-2022
UNITED STATES OF AMERICA, Plaintiff, v. RAMIREZ ROOFING AND REPAIR, L.L.C., Defendant.
Carol E. Baker, CFO, Defendant Ramirez Roofing and Repair, L.L.C. S. Owen Griffin, Troppito Miller Griffin, LLC, ATTORNEY FOR DEFENDANT Teresa A. Moore United States Attorney Leigh Farmakidis, Assistant United States Attorney, Charles Evans Whittaker Courthouse, ATTORNEY FOR PLAINTIFF
Carol E. Baker, CFO, Defendant Ramirez Roofing and Repair, L.L.C.
S. Owen Griffin, Troppito Miller Griffin, LLC, ATTORNEY FOR DEFENDANT
Teresa A. Moore United States Attorney
Leigh Farmakidis, Assistant United States Attorney, Charles Evans Whittaker Courthouse, ATTORNEY FOR PLAINTIFF
AGREEMENT FOR ENTRY OF JUDGMENT BY CONSENT AND TO SATISFY JUDGMENT BY PAYMENTS
The United States of America, plaintiff, (“the United States”) on behalf of its agency the Department of Labor, Occupational Safety and Health Administration (“OSHA”), and Ramirez Roofing and Repair, L.L.C., defendant (“debtor”) hereby stipulate and agree as follows:
1. A Stipulation for Judgment by Consent (“Stipulation”), as shown in Exhibit A to this Agreement, will be executed by the parties simultaneously with this Agreement. The Stipulation will be filed in this action forthwith.
2. Debtor acknowledges liability to the United States for the amount of the judgment to be entered pursuant to the Stipulation.
3. Upon entry of judgment pursuant to the Stipulation, the United States will record the judgment as a lien against any real property owned by debtor.
4. The United States will forgo execution on the judgment so long as debtor complies with the provisions of paragraph 5.
5. Defendant agrees to pay the United States the sum of thirty-five thousand dollars and zero Cents ($35,000.00) (“Settlement Amount”) by one-time payment of $17,500 due on the date the Stipulation is executed and $17,500 paid over a period of two years, paid in 23 monthly installments of $729.17 and one installment of $729.09. The first monthly payment shall be made on October 1, 2022, and each monthly payment thereafter shall be made on the 1st day of each month thereafter. Monthly payments should be made by check made payable to the “U.S. Department of Justice” and mailed to the United States Attorney's Office for the Western District of Missouri, 400 East 9th Street, Room 5510, Kansas City, MO 64106, with the words “USAO No. 2022A43638” on the face of the check. Upon full payment of the Settlement Amount, the parties will file a Satisfaction of Judgment.
6. Upon debtor's failure to comply with any provision of paragraph 5 of this agreement, the United States may declare this agreement null and void, and the United States may proceed to execute on its judgment as allowed by law to collect the balance due on the judgment amount without further notice to debtor. The United States' actions to enforce collection may include, but will not be limited to, execution on liens recorded upon debtor's property.
7. Debtor agrees to and shall accept service of such additional process as may be filed or issued in this action by regular first class mail addressed to the last address provided by debtor in writing to the United States Attorney's Office.
8. Defendant acknowledges that Defendant: (a) consulted with counsel before executing this Agreement; (b) has been afforded a reasonable time to consider this Agreement before executing it; (c) is of sound mind and able to understand the provisions of this Agreement; (d) has read and understood its provisions; and (e) has executed the same knowingly, voluntarily, and of Defendant's own free will.