Opinion
CASE NO. 2:13-cv-00144-JCM-GWF
03-19-2013
TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 HEALTH AND WELFARE TRUST AND PLAN; TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 PENSION PLAN; AND THE TRUSTEES OF PLUMBERS AND PIPEFITTERS LOCAL UNION 525 APPRENTICE AND JOURNEYMAN TRAINING TRUST FOR SOUTHERN NEVADA, Plaintiffs, v. LLOYD'S REFRIGERATION, INC., a Nevada corporation; WALTER P. LLOYD, an individual, Defendant.
BROWNSTEIN HYATT FARBER SCHRECK, LLP Adam P. Segal, E sq . Attorneys for the Trust Funds Lloyd's Refrigeration, Inc., a Nevada corporation, Walter P. Lloyd, individually, as Guarantor and on behalf of Employer, Lloyd's Refrigeration, Inc.
Adam P. Segal, Esq.
Nevada Bar No. 6120
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 N. City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone: (702) 382-2101
Facsimile: (702) 382-8135
Attorneys for Plaintiffs
STIPULATED/CONSENT JUDGMENT
Lloyd's Refrigeration, Inc. ("Employer"), and Walter P. Lloyd ("Guarantor") hereby stipulate and consent to entry of judgment in favor of Plaintiffs, Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust, the Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan, and the Trustees of the Plumbers and Pipefitters Local Union 525 Apprentice and Journeyman Training Trust for Southern Nevada (collectively "Trust Funds), and against Employer and Guarantor, jointly and severally, in the total sum of $279,003 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. Employer is signatory to and bound by the terms of a collective bargaining agreement ("CBA") with the Plumbers and Pipefitters Union Local 525 ("Union"), in which Employer 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, Employer is obligated to pay employee benefit contributions to the Trust Funds on behalf of Employer's bargaining unit employees represented by the Union.
3. Based on remittance reports prepared and submitted by Employer for the period of May 2012, through August 2012, Employer owes the Trust Funds $274,003 in employee benefit contributions, fees, interest and liquidated damages to date.
4. In addition, in the event this judgment must be executed, the Trust Funds will incur additional fees and costs determined by the parties to be at least $5,000, which are therefore included herein.
5. This Stipulated/Consent Judgment is entered into by and between Employer and the Trust Funds for employee benefit contributions and related costs and fees owed to the Trust Funds by ERISA.
6. Guarantor also agrees to be personally liable for payment of this judgment in the event that Employer defaults or otherwise fails to pay the amounts owed under this Stipulated/Confessed Judgment. BROWNSTEIN HYATT FARBER
SCHRECK, LLP
______________
Adam P. Segal, Esq.
Attorneys for the Trust Funds Lloyd's Refrigeration, Inc., a Nevada corporation, ______________
Walter P. Lloyd, individually, as Guarantor and
on behalf of Employer, Lloyd's Refrigeration,
Inc.
JUDGMENT
Judgment is hereby entered against Employer and Guarantor, jointly and severally, and in favor of the Trust Funds in the amount of $279,003.
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U.S. DISTRICT COURT JUDGE