1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

Matthew P. Minser, Esq. (SBN 296344) 

SALTZMAN & JOHNSON LAW CORPORATION 

1141 Harbor Bay Parkway, Suite 100 

Alameda, CA 94502 

Telephone: (510) 906-4710 

Email: mminser@sjlawcorp.com 

Attorneys for Plaintiffs, District Council 16 Northern 

California Health and Welfare Trust Fund, et al. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, et al., 

 Plaintiffs, 

v. 

FLOOR SEAL TECHNOLOGY, INC., a California 

Corporation; and WILLIAM CLYNE, an 

individual, 

Defendants. 

Case No. C17-0226 RS 

AMENDED JUDGMENT PURSUANT TO 

STIPULATION

IT IS HEREBY STIPULATED and AGREED (the “Stipulation”) by and between the parties 

hereto that an Amended Judgment shall be entered in the within action in favor of Plaintiffs District 

Council 16 Northern California Health and Welfare Trust Fund, et al. (“Plaintiffs” or “Trust Funds”) and 

against Defendant Floor Seal Technology, Inc., a California Corporation, and Defendant William Clyne, 

an individual, as follows: 

1. Defendant Floor Seal Technology, Inc. is signatory to and bound by the terms of a 

Collective Bargaining Agreement(s) (“Bargaining Agreement”) with the Plaintiff Union (“Union”). The 

Bargaining Agreement is still in full force and effect. 

2. William Clyne confirms that he is the RMO/CEO/President of Defendant Floor Seal 

Technology, Inc., and is authorized to enter into this Stipulation on behalf of Defendant Floor Seal 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 1 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

Technology, Inc. 

3. William Clyne (“Guarantor”) also confirms that he is personally guaranteeing the 

amounts due herein and confirms that has been added as a Defendant to the above-captioned action. 

Defendant William Clyne and Defendant Floor Seal Technology, Inc. (collectively “Defendants”) 

specifically consent to the Court’s jurisdiction, as well as the use of a Magistrate Judge for all 

proceedings, including entry of judgment herein. Defendants further confirm that all successors in 

interest, assignees, and affiliated entities (including, but not limited to, parent or other controlling 

companies), and any companies with which either Defendant joins or merges, if any, shall also be bound 

by the terms of this Stipulation as Guarantors. This shall include any additional entities in which 

Guarantor is an officer, owner or possesses any controlling ownership interest. All such entities shall 

specifically consent to the Court’s jurisdiction, the use of a Magistrate Judge for all proceedings, and all 

other terms herein, in writing, at the time of any assignment, affiliation or purchase. 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

/// 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 2 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

4. Defendants are currently indebted to the Trust Funds as follows: 

Work 

Month 

Total 

Contributions 

Reported 

Unpaid 

Contributions 

20% 

Liquidated 

Damages 5% Interest 

Subtotal 

Due 

1/17 $43,966.23 $2,214.56 $442.91 $18.06 $2,675.53 

2/17 $43,196.07 $758.94 $151.79 $45.70 $956.43 

3/17 $59,225.48 $0.00 $11,831.28 $54.16 $11,885.44 

4/17 $49,924.80 $0.00 $9.03 $0.06 $9.09 

7/17 $35,841.79 $0.00 $7,168.36 $24.55 $7,192.91 

8/17 $40,818.54 $0.00 $8,163.71 $128.57 $8,292.28 

9/17 $39,553.49 $0.00 $7,910.70 $146.34 $8,057.04 

10/17 $48,005.73 $0.00 $9,601.15 $144.76 $9,745.91 

11/17 $39,460.95 $0.00 $7,892.19 $43.28 $7,935.47 

12/17 $37,692.46 $0.00 $7,538.49 $30.96 $7,569.45 

1/18 $34,386.43 $0.00 $6,877.29 $4.71 $6,882.00 

3/18 $18,825.25 $0.00 $3,765.05 $43.69 $3,808.74 

4/18 $19,171.57 $0.00 $3,834.31 $31.44 $3,865.75 

5/18 $16,350.18 $0.00 $3,270.04 $26.88 $3,296.92 

2/19 $13,390.98 $0.00 $2,678.20 $32.94 $2,711.14 

3/19 $12,563.24 $0.00 $2,512.65 $26.77 $2,539.42 

4/19 $16,800.84 $0.00 $3,360.17 $11.50 $3,371.67 

5/19 $23,033.92 $0.00 $4,606.78 $15.80 $4,622.58 

6/19 $20,699.74 $0.00 $4,139.95 $59.64 $4,199.59 

7/19 $19,963.73 $0.00 $3,992.75 $49.14 $4,041.89 

8/19 $13,193.88 $0.00 $2,638.78 $19.91 $2,658.69 

9/19 $8,701.00 $0.00 $1,740.20 $24.99 $1,765.19 

10/19 $11,880.82 $0.00 $2,376.16 $32.60 $2,408.76 

11/19 $23,332.94 $0.00 $4,666.59 $54.40 $4,720.99 

12/19 $15,054.35 $0.00 $1,229.53 $8.40 $1,237.93 

1/20 $21,781.81 $0.00 $4,356.36 $16.58 $4,372.94 

2/20 $23,256.99 $0.00 $4,651.40 $55.19 $4,706.59 

3/20 $17,485.04 $0.00 $3,497.00 $16.59 $3,513.59 

4/20 $17,702.10 $0.00 $3,540.42 $26.62 $3,567.04 

5/20 $29,634.90 $0.00 $5,926.98 $56.84 $5,983.82 

6/20 $24,512.39 $0.00 $3,794.31 $12.24 $3,806.55 

7/20 $31,850.94 $0.00 $6,370.19 $40.92 $6,411.11 

8/20 $36,629.29 $0.00 $7,333.86 $49.26 $7,383.12 

4/21 $41,502.60 $0.00 $8,300.52 $22.76 $8,323.28 

5/21 $35,535.86 $0.00 $7,107.17 $34.09 $7,141.26 

7/21 $31,808.26 $0.00 $6,361.65 $34.65 $6,396.30 

Subtotal: $1,227,274.49 $2,973.50 $173,637.92 $1,444.99 $178,056.41 

Total Due, as shown above, for 1/17-4/17; 7/17 – 1/18, 3/18-5/18; 2/19-8/20; 

4/21, 5/21, 7/21: $178,056.41

Liquidated Damages Included in Original Judgment: $79,209.65 

Attorneys’ Fees (2/10/17-7/31/21): $24,089.50 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 3 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

Costs (2/10/17-7/31/21): $403.71 

Audit 

(4/1/13- 

7/31/16) 

Contribution Underpayments $29,801.83 

20% Liquidated Damages $5,960.37 

Interest (through 9/17/21) $9,673.77 

Testing Fees $7,263.90 

Total $52,699.87 

Audit 

(8/1/16- 

8/31/18) 

Contribution Underpayments $34,681.28 

20% Liquidated Damages $6,936.26 

Interest (through 9/17/21) $7,354.09 

Testing Fees $4,842.60 

Total $53,814.23 

Credit for Overpayment on Previous Stipulated Payments1: ($20,669.73) 

Credit for Post-Writ Payment 11: ($3,158.63) 

TOTAL JUDGMENT: $364,445.01 

REQUIREMENTS UNDER THE TERMS OF THIS STIPULATION 

5. Notice requirements pursuant to the terms of this Stipulation are as follows: 

a) Notices to Defendants: William Clyne, Floor Seal Technology, Inc., c/o Roger 

M. Mason. Esq., 983 University Ave., Los Gatos, CA 95032; email: 

rmason@smwb.com 

b) Notices to Plaintiffs: Matthew P. Minser, Saltzman & Johnson Law Corp., 1141 

Harbor Bay Parkway, #100, Alameda, CA 94502; email: 

mminser@sjlawcorp.com, copy to compliance@sjlawcorp.com 

6. The requirements pursuant to the terms of this Stipulation are as follows: 

a) Conditional Waiver of Liquidated Damages: All liquidated damages included 

in this Amended Stipulation, totaling $265,744.20 shall be conditionally waived. The conditional waiver 

is expressly conditioned on full compliance with all terms of this Amended Judgment Pursuant to 

Stipulation, as set forth in ¶15, below. 

b) Monthly Payments: Defendants shall pay the amount of $98,700.81, representing 

all the above amounts, less liquidated damages in the amount of $265,744.20. 

i) Payments in the amount of $8,450.00 per month shall begin in February 

2022 and continue each month thereafter for a period of 12 months. Plaintiffs may require that 

Defendants pay electronically by ACH/wire transfer, or by cashier’s check, if any of Defendants’ 

1 Subject to final confirmation of credit availability by Trust Fund Administrator. 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 4 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

payments are returned for non-sufficient funds. 

ii) Defendants shall have the right to increase the monthly payments at any 

time and there is no penalty for prepayment. 

iii) Payments shall be applied first to interest, at the rate of 5% per annum in 

accordance with the Bargaining Agreement(s) and Trust Agreements. Interest shall begin to accrue on 

September 18, 2021. 

c) Contributions: Beginning with contributions due for hours worked by 

Defendants’ employees during the month of January 2022, and for every month thereafter until this 

Judgment is satisfied, Defendants shall remain current in reporting and payment of contributions due to 

Plaintiffs under the terms of the Collective Bargaining Agreement(s). 

d) Job Report: Beginning with the month of January 2022, and for every month 

thereafter, Defendants shall fully disclose all jobs on which they are working by providing Plaintiffs 

with fully completed job reports on the form attached hereto as Exhibit A. Upon request by Plaintiffs, 

Defendants shall also provide Plaintiffs with copies of Certified Payroll Reports. 

d) Fees: Defendants shall pay all additional attorneys’ fees and costs incurred 

through Satisfaction of Judgment, whether or not a default occurs. 

7. In summary, Defendants shall deliver the following to Plaintiffs, at the following 

locations, on or before the following delivery deadlines, until this Stipulation has been fully satisfied: 

// 

// 

// 

// 

// 

// 

// 

// 

// 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 5 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

Required Submissions Delivery deadlines2 Delivery locations 

Stipulated payments in the 

amount of $8,450.00 

payable to District Council 16 

Northern California Trust Funds

Last business day of 

each month 

(2/28/22 – 1/31/23) 

District Council 16 Northern 

California Trust Funds 

P.O. Box 4816 

Hayward, CA 94540-4816; 

Plus, copy to: 

compliance@sjlawcorp.com 

(subject: “Floor Seal Technology”); 

Current contribution reports 

and payments 

payable to District Council 16 

Northern California Trust Funds 

Last business day of 

each month 

 (beginning 2/28/22, for 

1/21 hours) 

District Council 16 Northern 

California Trust Funds 

P.O. Box 4816 

Hayward, CA 94540-4816; 

Plus, copies to: 

compliance@sjlawcorp.com 

(subject: “Floor Seal Technology”); 

or 

Matthew P. Minser 

Saltzman & Johnson Law Corp. 

1141 Harbor Bay Parkway, Ste 100, 

Alameda, CA 94502 

Completed job reports (form 

attached as Exhibit A to 

Stipulation) 

 

and Certified Payroll (if 

requested) 

Last business day of 

each month 

 (beginning 2/28/22, for 

1/21 hours)

compliance@sjlawcorp.com 

(subject: “Floor Seal Technology”) 

or 

Matthew P. Minser 

Saltzman & Johnson Law Corp. 

1141 Harbor Bay Parkway, Ste 100, 

Alameda, CA 94502 

8. Failure to comply with any of the above terms, including submitting a payment that does 

not clear the bank, shall constitute a default of the obligations under this Stipulation. 

DEFAULTS UNDER THE TERMS OF THIS STIPULATION 

9. If default occurs, Plaintiffs shall make a written demand to Defendants to cure said 

default within seven (7) days of the date of the notice from Plaintiffs. In the event default is not cured 

within the required time frame, all amounts remaining due hereunder (after application of principal 

2

 If the Stipulation has not been fully satisfied by 1/31/23, all monthly submission requirements shall continue until all amounts have been paid and a 

Satisfaction of Judgment has been filed with the Court. 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 6 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

7 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

payments made, if any) shall be due and payable on demand by Plaintiffs. These amounts shall include 

any conditionally waived liquidated damages, additional (current) contributions/liquidated 

damages/interest, and additional attorneys’ fees and costs incurred herein. 

10. Any unpaid or late-paid contributions, together with 20% liquidated damages and 5% per 

annum interest, shall become part of this Judgment. Plaintiffs reserve all rights available to collect any 

contributions and related amounts not included herein. This includes, but is not limited to, any amounts 

due pursuant to employee timecards or paystubs, by audit, or other means. Should Defendants fail to 

submit a report for any month, contributions shall be estimated pursuant to Trust Fund policy. 

Defendants specifically waive the defense of the doctrine res judicata as to any such additional amounts 

determined as due. 

11. A Writ of Execution may be obtained without further notice, in the amount of the unpaid 

balance plus any additional amounts due under the terms herein. Such Writ of Execution may be 

obtained solely upon declaration by a duly authorized representative of Plaintiffs setting forth the 

balance due as of the date of default. 

MISCELLANEOUS PROVISIONS

12. The above requirements remain in full force and effect regardless of whether Defendants 

have ongoing work, whether Defendants’ account with the Trust Funds is active, or whether Defendants 

are signatory to a Collective Bargaining Agreement with the Union. If, for any reason, Defendants have 

no work to report during a given month, Defendants shall submit the job report form (Exhibit A attached 

hereto) indicating that there are no current jobs. If Defendants have no contributions to report, 

Defendants shall submit the applicable contribution report stating, “no employees.” 

13. Payments made by joint check shall be endorsed on behalf of Defendants prior to 

submission, and may be applied toward Defendants’ monthly stipulated payment, provided that the 

issuer of the joint check is not requesting a release in exchange for the payment. Joint checks for which a 

release is requested may not be applied toward Defendants’ monthly stipulated payment but shall be 

deducted from the total balance owed under this Stipulation, provided the payment is for contributions 

included in this Stipulation. 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 7 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

8 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

14. Prior to January 31, 2023, Plaintiffs shall advise Defendants as to the final amount due, 

including additional interest, any current contributions and related amounts, and all additional attorneys’ 

fees and costs incurred by Plaintiffs, whether or not Defendant’s default herein. Any additional amounts 

due shall be paid in full by January 31, 2023.

15. The conditional waiver of liquidated damages shall be presented to the Board of Trustees 

for consideration only after all other amounts due under the terms of this Stipulation are paid in full, and 

Defendants’ account is otherwise current. If the waiver is granted, a Satisfaction of Judgment will be 

filed with the Court once all payments have cleared the bank. If the waiver is not granted, the liquidated 

damages will be immediately due. The waiver may be granted with further conditions, such as paying 

timely and remaining current for an additional period of time. 

16. Defendants waive any notice of Entry of Judgment or of any Request for a Writ of 

Execution, and expressly waive all rights to stay of execution and appeal. 

17. Any failure on the part of Plaintiffs to take any action as provided herein in the event of 

any breach of the provisions of this Stipulation shall not be deemed a waiver of any subsequent breach. 

18. The parties agree that any payments made pursuant to the terms of this Judgment shall be 

deemed to have been made in the ordinary course of business as provided under 11 U.S.C. Section 

547(c)(2) and shall not be claimed by Defendants as a preference under 11 U.S.C. Section 547 or 

otherwise. 

19. Should any provisions of this Stipulation be declared or determined by any court of 

competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of 

the remaining parts, terms or provisions shall not be affected thereby and said illegal, unenforceable, or 

invalid part, term, or provisions shall be deemed not to be part of this Stipulation. 

20. This Stipulation is limited to the agreement between the parties with respect to the unpaid 

and delinquent contributions and related sums enumerated herein, owed by Defendants to Plaintiffs. 

This Stipulation does not in any manner relate to withdrawal liability claims, if any. Defendants 

acknowledge that Plaintiffs expressly reserve their right to pursue withdrawal liability claims, if any, 

against Defendants and control group members, as provided by Plaintiffs’ Plan documents, Trust 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 8 of 14
Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 9 of 14

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 11 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

DATED: January ___, 2022 

By: 

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, et al. 

John Maggiore

Trustee of Plaintiff Trust Funds 

APPROVED AS TO FORM: 

DATED: January 25, 2022 

By: 

SALTZMAN & JOHNSON LAW 

CORPORATION 

DATED: January ___, 2022 

By: 

Matthew P. Minser, Attorneys for Plaintiffs, 

District Council 16 Northern California Health 

and Welfare Trust Fund, et al. 

SWEENEY MASON LLP 

Roger M. Mason, Attorney for Defendants 

IT IS SO ORDERED. 

IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall retain 

jurisdiction over this matter. 

DATED: January ___, 2022 ___________________________________ 

UNITED STATES DISTRICT JUDGE 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 12 of 14
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

DATED: January_, 2022 

APPROVED AS TO FORM: 

DATED: January_, 2022 

DA TED: January J: ( 2022 

IT IS SO ORDERED. 

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, et al. 

By:----------------- John Maggiore 

Trustee of Plaintiff Trust Funds 

SALTZMAN & JOHNSON LAW

CORPORATION 

By:----------------- Matthew P. Minser, Attorneys for Plaintiffs, 

District Council 16 Northern California Health 

and Welfare Trust Fund, et al. 

IT IS FURTHER ORDERED that the calendar in this matter is vacated, and that the Court shall retain 

jurisdiction over this matter. 

DATED: March 1, 2022 

UNITED STATES DISTRICT JUDGE 

10 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: Cl 7-0226 RS 

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 13 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

11 

AMENDED JUDGMENT PURSUANT TO STIPULATION 

Case No.: C17-0226 RS 

Exhibit A: JOB REPORT FORM 

Completed Forms Due by the last business day of each month 

by email to compliance@sjlawcorp.com (subject line: Floor Seal Technology), or 

delivered to Saltzman & Johnson, 1141 Harbor Bay Parkway, Suite 100, Alameda, CA 94502 

Employer: FLOOR SEAL TECHNOLOGY, INC. 

Report for the month of _______________, 20__ Submitted by: ______________________ 

Project Name: Public or Private? 

(Circle one) 

Project Address: 

General Contractor: 

General Contractor 

Address: 

General Contractor 

Phone #: 

Project Manager 

Name: 

Project Manager 

Phone #: 

Project Manager 

email address: 

Contract #: Contract Date: 

Total Contract Value: 

Work Start Date: Work Completion 

Date: 

Project Bond #: Surety: 

Project Name: Public or Private? 

(Circle one) 

Project Address: 

General Contractor: 

General Contractor 

Address: 

General Contractor 

Phone #: 

Project Manager 

Name: 

Project Manager 

Phone #: 

Project Manager 

email address: 

Contract #: Contract Date: 

Total Contract Value: 

Work Start Date: Work Completion 

Date: 

Project Bond #: Surety: 

***Attach additional sheets as necessary***

Case 3:17-cv-00226-RS Document 19 Filed 03/01/22 Page 14 of 14