Opinion
Case No. 2:12-cv-00812-MMD-PAL
02-12-2013
TRUSTEES OF THE ELECTRICAL WORKERS HEALTH AND WELFARE TRUST; TRUSTEES OF THE ELECTRICAL WORKERS PENSION TRUST; AND TRUSTEES OF THE LAS VEGAS ELECTRICAL JOINT APPRENTICESHIP AND TRAINING TRUST FUND, Plaintiffs, v. WILLIAMS BROTHER, INC., a Nevada corporation, Defendant.
BROWNSTEIN HYATT FARBER SCHRECK, LLP Adam P. Segal, Esq. Clark V. Vellis, Esq. Bryce C. Loveland, Esq. Attorneys for Plaintiffs
Adam P. Segal, Esq.
Nevada Bar No. 6120
Clark V. Vellis, Esq.
Nevada Bar No. 5533
Bryce C. Loveland, Esq.
Nevada Bar No. 10132
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Telephone: (702) 382-2101
Facsimile: (702) 382-8135
Email: asegal@bhfs.com
Email: cvellis@bhfs.com
Email: bcloveland@bhfs.com
Attorneys for Plaintiffs
STIPULATED/CONSENT JUDGMENT
Williams Brother, Inc. ("Williams"), hereby stipulates and consents to entry of judgment in favor of Plaintiffs, Trustees of the Electrical Workers Health and Welfare Trust, Trustees of the Electrical Workers Pension Trust, and Trustees of the Las Vegas Electrical Joint Apprenticeship and Training Trust Fund (collective "Trust Funds"), and against Williams in the total sum of $32,785 for delinquent employee benefit contributions and related costs and fees owed under the Employee Retirement Income Security Act of 1974 ("ERISA").
The parties have stipulated and therefore the Court finds:
1. Williams is signatory to and bound by the terms of a collective bargaining agreement ("CBA") with the International Brotherhood of Electrical Workers Local No. 357 ("Union"), in which Williams agreed to abide by the trust agreements establishing the respective Trust Funds and any amendments thereto ("Trust Agreements").
2. Under the CBA and the Trust Agreements, Williams is obligated to pay employee benefit contributions to the Trust Funds on behalf of Williams's bargaining unit employees represented by the Union.
3. Based on a contract compliance review ("Audit") for the period of September 1, 2009, through May 31, 2012, Williams owes the Trust Funds $32,785, which includes employee benefit contributions, liquidated damages, interest, audit fees, and attorney's fees to date.
4. This Stipulated/Consent Judgment is entered into by and between Williams and the Trust Funds for employee benefit contributions and related costs and fees owed to the Trust Funds by ERISA. BROWNSTEIN HYATT FARBER
SCHRECK, LLP
____________________
Adam P. Segal, Esq.
Clark V. Vellis, Esq.
Bryce C. Loveland, Esq.
Attorneys for Plaintiffs
WILLIAMS BROTHER, INC., a Nevada
corporation
Name: __________ Title: __________ Telephone:__________ Facsimile: __________
JUDGMENT
Judgment is hereby entered against Williams Brother, Inc., a Nevada corporation and in favor of the Trustees of the Electrical Workers Health and Welfare Trust, Trustees of the Electrical Workers Pension Trust, and Trustees of the Las Vegas Electrical Joint Apprenticeship and Training Trust Fund in the amount of $32,785.
______________________________
U.S. DISTRICT COURT JUDGE
STATE OF NEVADA
COUNTY OF
__________, being first duly sworn, deposes and says:
That he/she is the __________ of Williams Brother, Inc., a Nevada corporation, and is duly authorized to execute this document; that he/she has read the foregoing Stipulated/Consent Judgment and knows the contents thereof; that the same is true of his/her own knowledge, except for those matters therein stated on information and belief, and as to those matters he/she believes them to be true.
__________
Affiant
Subscribed and Sworn to before me this ___ day of __________, 2012. My commission expires: __________