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JUDGMENT PURSUANT TO STIPULATION

Case No.: C17-0226 RS P:\CLIENTS\FLRCL\Floor Seal Technology 4\Pleadings\Stipulation\Stipulation 

021017.docx

Michele R. Stafford, Esq. (SBN 172509)

Matthew P. Minser, Esq. (SBN 296344)

SALTZMAN & JOHNSON LAW CORPORATION

44 Montgomery Street, Suite 2110

San Francisco, California 94104

Telephone: (415) 882-7900

Facsimile: (415) 882-9287

Email: mstafford@sjlawcorp.com

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

JUDGMENT PURSUANT TO 

STIPULATION

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

hereto that 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 12 Filed 03/09/17 Page 1 of 11
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JUDGMENT PURSUANT TO STIPULATION

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Technology, Inc.

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

amounts due herein and confirms that he shall be 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.

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

Work

Month

Total 

Contributions 

Due

Unpaid

Contributions

20% 

Liquidated

Damages1

5% Interest

(thru 2/1/17)

Subtotal 

Due

8/15 $39,911.95 $24,727.07 $7,982.39 $2,449.03 $35,158.49

9/15 $51,355.12 $37.07 $10,271.02 $4.60 $10,312.69

10/15 $46,436.08 $63.64 $9,287.22 $201.15 $9,552.01

11/15 $38,443.26 $47.48 $7,688.65 $193.35 $7,929.48

12/15 $32,725.86 $50.84 $6,545.17 $102.24 $6,698.25

9/16 $51,806.66 $114.47 $10,361.33 $93.50 $10,569.30

11/16 $47,057.39 $47,057.39 $9,411.48 $206.40 $56,675.27

12/16 $51,561.93 $51,561.93 $10,312.39 $7.06 $61,881.38

Total Due, as shown above, for 8/15-12/15, 9/16, 11/16-12/16 (through 2/1/17): $198,776.87

10% Liquidated Damages for Late-Paid 1/13, 10/14-12/14, 2/15, 7/15, 1/16-6/16, 

10/16 Contributions: $7,350.00

5% Per Annum Interest for Late-Paid 1/13, 10/14-12/14, 2/15, 7/15, 1/16-6/16, 

10/16 Contributions: $1,138.41

Attorneys’ Fees (through 2/9/17): $7,381.50

Costs (through 2/9/17): $400.00

TOTAL JUDGMENT: $215,046.78

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1 Liquidated damages are calculated on the total contributions due, per the terms of the Bargaining and 

Trust Agreements.

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JUDGMENT PURSUANT TO STIPULATION

Case No.: C17-0226 RS P:\CLIENTS\FLRCL\Floor Seal Technology 4\Pleadings\Stipulation\Stipulation 

021017.docx

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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., 1005 Ames 

Avenue, Milpitas, CA 95035; email: billc@floorseal.com

b) Notices to Plaintiffs: Michele R. Stafford, Saltzman & Johnson Law Corp., 44 

Montgomery Street, #2110, San Francisco, CA 94104; email: 

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

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

a) Monthly Payments: Defendants shall conditionally pay the amount of 

$135,837.13, representing all of the above amounts, less liquidated damages in the amount of 

$79,209.65.

i) Payments in the amount of $11,629.00 per month shall begin on February 

28, 2017, and continue on or before the last business day of each month thereafter for a period of 

twelve (12) months. Plaintiffs may require that Defendants pay electronically by ACH/wire transfer, or 

by cashier’s check.

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 

February 2, 2017.

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

Defendants’ employees during the month of January 2017, 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).

c) Job Report: Beginning with the month of January 2017, 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.

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JUDGMENT PURSUANT TO STIPULATION

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021017.docx

d) Audit: Should the Trust Funds request an audit of Defendants’ payroll records 

pursuant to the requirements of the Bargaining Agreement(s) and/or Trust Agreements, Defendants must 

contact the auditor within seven days of receiving notice, and must schedule the audit as requested.

i) In the event that amounts are found due to Plaintiffs as a result of the 

audit, Plaintiffs shall send a copy of the audit report and written demand for payment to Defendants. In 

the event that the audit findings are not contested, payment in full shall be delivered to Michele R. 

Stafford at the address provided above.

ii) In the event that Defendants dispute the audit findings, Defendants must 

provide the dispute in writing, with all supporting documentation, within ten days of the date of the 

demand. Defendants shall be notified as to whether revisions will be made to the audit. If revisions are 

not made, payment will be immediately due. If revisions are made, payment in full of the revised 

amount shall be immediately due.

iii) If Defendants are unable to make payment in full, Defendants may submit 

a request to add the amounts found due to this Stipulation. If the Stipulation is so revised, Defendants 

shall execute the Amended Judgment or Amendment to Judgment within ten days of receipt. Failure to 

execute the revised agreement shall constitute a default of the terms herein.

iv) Failure by Defendants to submit either payment in full or a request to add 

the amounts due to this Judgment within ten days of receipt shall constitute a default of the obligations 

under this agreement. All amounts found due on audit shall immediately become part of this Judgment.

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

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

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JUDGMENT PURSUANT TO STIPULATION

Case No.: C17-0226 RS P:\CLIENTS\FLRCL\Floor Seal Technology 4\Pleadings\Stipulation\Stipulation 

021017.docx

///

7. In summary, Defendants shall deliver the following payments and documents to 

Plaintiffs, at the following locations, on or before the following delivery deadlines, until this Stipulation 

has been fully satisfied:

Required Submissions Delivery deadlines2 Delivery locations

Stipulated payments in the 

amount of $11,629.00

payable to District Council 16 

Northern California Trust Funds

Last business day of 

each month

(2/28/17-1/31/18)

Michele R. Stafford

Saltzman & Johnson Law Corp.

44 Montgomery Street, #2110

San Francisco, CA 94104

Current contribution reports 

and payments

payable to District Council 16 

Northern California Trust Funds 

Last business day of 

each month

(beginning 2/28/17, for 

1/17 hours)

Michele R. Stafford

Saltzman & Johnson Law Corp.

44 Montgomery Street, #2110

San Francisco, CA 94104;

Plus copies to: 

compliance@sjlawcorp.com

(subject: “Floor Seal Technology”);

District Council 16 Northern 

California Trust Funds

P.O Box 4816

Hayward, CA 94540

Completed job reports (form 

attached as Exhibit A to 

Stipulation)

and Certified Payroll (if 

requested)

Last business day of 

each month

(beginning 2/28/17, for 

1/17 hours)

compliance@sjlawcorp.com

(subject: “Floor Seal Technology”) 

or

Michele R. Stafford

Saltzman & Johnson Law Corp.

44 Montgomery Street, #2110

San Francisco, CA 94104

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 1/31/18, all monthly submission requirements shall continue 

until all amounts have been paid and a Satisfaction of Judgment has been filed with the Court.

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021017.docx

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 attorney’s 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 remains in full force and effect regardless of whether or not 

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. 

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021017.docx

14. Prior to the last payment pursuant to this Stipulation, 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 Defendants default herein. 

Any additional amounts due shall be paid in full with the final stipulated payment due on January 31, 

2018.

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

for consideration only after all 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, 

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021017.docx

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

Agreements incorporated into their Bargaining Agreements, and applicable laws and regulations. 

21. This Stipulation contains all of the terms agreed to by the parties and no other agreements 

have been made. Any changes to this Stipulation shall be effective only if made in writing and signed by 

all parties hereto. 

22. This Stipulation may be executed in any number of counterparts and by facsimile, each of 

which shall be deemed an original and all of which shall constitute the same instrument. 

23. Defendants represent and warrant that they have had the opportunity to be or have been 

represented by counsel of their own choosing in connection with entering this Stipulation under the 

terms and conditions set forth herein, that they have read this Stipulation with care and are fully aware 

of and represent that they enter into this Stipulation voluntarily and without duress.

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JUDGMENT PURSUANT TO STIPULATION

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24. The parties agree that the Court shall retain jurisdiction of this matter until this Judgment 

is satisfied. 

DATED: March 2, 2017

By:

FLOOR SEAL TECHNOLOGY, INC., a 

California Corporation

/S/

William Clyne, RMO/CEO/President of 

Defendant Floor Seal Technology, Inc. 

DATED: March 2, 2017

By:

WILLIAM CLYNE

/S/

William Clyne, individual Defendant and 

Guarantor

DATED: March 2, 2017

By:

SALTZMAN & JOHNSON LAW 

CORPORATION

/S/

Matthew P. Minser, Attorneys for Plaintiffs, 

District Council 16 Northern California Health 

and Welfare Trust Fund, et al. 

DATED: February __, 2017

By:

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, et al.

/S/

Jose Santana

Trustee of Plaintiff Trust Funds 

DATED: March 2, 2017

By:

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, et al.

/S/

Daryl Stacy

Trustee of Plaintiff Trust Funds 

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: February ___, 2017

UNITED STATES DISTRICT JUDGE

March

9

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JUDGMENT PURSUANT TO STIPULATION

Case No.: C17-0226 RS P:\CLIENTS\FLRCL\Floor Seal Technology 4\Pleadings\Stipulation\Stipulation 

021017.docx

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, 44 Montgomery St., Ste. 2110, San Francisco, CA 94104

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:

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Project Bond #: Surety:

***Attach additional sheets as necessary***

Case 3:17-cv-00226-RS Document 12 Filed 03/09/17 Page 11 of 11