1 CWHeRslIeSyT EJ.N SSmENit JhA, EMsEqS. &(1 1M87A1R)T IN, CHTD. 2 Kevin B. Archibald, Esq. (13817) Dylan J. Lawter, Esq. (15947) 3 7440 W. Sahara Avenue Las Vegas, Nevada 89117 4 Telephone: (702) 255-1718 Facsimile: (702) 255-0871 5 Email: wes@cjmlv.com, kba@cjmlv.com, djl@cjmlv.com Attorneys for Plaintiff Board of Trustees of the Southern 6 Nevada and California Glaziers, Fabricators, Painters and Floorcoverers Pension Trust Fund 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 BOARD OF TRUSTEES OF THE CASE NO.: 2:23-cv-00042-CDS-VCF SOUTHERN NEVADA AND CALIFORNIA 11 GLAZIERS, FABRICATORS, PAINTERS AND FLOORCOVERERS PENSION ORDER GRANTING MOTION 12 TRUST FUND, FOR ENTRY OF JUDGMENT BY CONFESSION 13 Plaintiff [ECF No. 5] 14 vs.
15 LIMITED EDITION GLASS INC., a California corporation; RICHARD BRYAN
16 SCOTT, an individual; AMERICAN CONTRACTORS INDEMNITY 17 COMPANY, a California corporation; JOHN DOES I-XX, inclusive; and ROE ENTITIES 18 I-XX, inclusive,
19 Defendants
21 Having received and considered the Board of Trustees of the Southern Nevada and 22 California Glaziers, Fabricators, Painters and Floorcoverers Pension Trust Fund’s 23 (“Plaintiff”) unopposed Motion for Entry of Judgment by Confession (“Motion”) [ECF No. 24 5] and the Declaration and Exhibits filed therewith, including the Stipulation and Consent for 25 Entry of Judgment by Confession (“Stipulation”), the Judgment by Confession, and the Oath 26 and Verification signed by Defendants Limited Edition Glass, Inc. (“LEG”) and Richard 27 Bryan Scott (“Scott”) [ECF No. 5-3], and good cause appearing, the Court orders, adjudges, 28 and decrees as follows: 1 FACTUAL BACKGROUND 2 On November 16, 2022, Plaintiff, LEG and Scott agreed through email (attached to 3 the Motion as Exhibit 1 [ECF No. 5-2]) to essential terms to settle certain amounts owed to 4 the Plaintiff for unpaid fringe benefit contributions for work performed during the period of 5 August 1, 2022 through September 30, 2022, plus interest, liquidated damages, and 6 attorney’s fees, pursuant to the requirements of LEG’s Master Labor Agreement (“Labor 7 Agreement”) with District Council of Painters and Allied Trades No. 36 on behalf of 8 Glaziers, Architectural Metal and Glass Workers Local Union No. 636. In the emails, LEG 9 and Scott agreed to memorialize the agreement through execution of a Stipulation for Entry 10 and a Judgment by Confession in favor of Plaintiff and against LEG and Scott (collectively 11 the “Judgment Debtors”). 12 After reviewing the Stipulation and Judgment by Confession (attached to the Motion 13 as Exhibit 2 [ECF No. 5-3]), which confessed judgment against Judgment Debtors, jointly 14 and severally, in the amount of $19,729.94 (“Judgment Amount”), Scott executed the 15 Judgment by Confession on November 29, 2022, both in his individual capacity and as 16 President of LEG. Scott also executed and had notarized the Oath and Verification attached 17 to the Judgment by Confession, through which Scott swore upon oath, verified, and declared 18 that, “Entry of this Judgment by Confession, according to its provisions, is duly authorized,” 19 and “The monies due and owing and the basis for said Judgment are accurately set forth in 20 the Stipulation and this Judgment.” See ECF No. 5-3 at 13.
21 The Judgment by Confession states, “The Judgment Amount shall be reduced by any 22 Settlement Payments described in the Stipulation that were made by the [Judgment Debtors] 23 and received by the Plaintiff.” It also states:
24 The Judgment Amount shall be increased by: (i) all interest accrued on the Judgment Amount from December 10, 2022, through the date of 25 entry of the Judgment at the rate of nine percent (9%) per annum, (ii) any unpaid Late Fee related to Default and Notice, as set forth in the 26 Stipulation, and (iii) all reasonable attorney’s fees and costs incurred by the Plaintiff to collect the Judgment Amount. 27 1 The Judgment Debtors were required to execute and submit the Stipulation and 2 Judgment by Confession to Plaintiff’s attorney on or before November 30, 2022, and to 3 satisfy the Judgment by Confession, at minimum, through four (4) monthly Settlement 4 Payments commencing on December 10, 2022, and due on the 10th day of the month 5 thereafter. Payments one (1) through three (3) were to be in the amount of $5,025.31 each, 6 and payment four (4) was to be in the amount of $4,987.91 (collectively, the “Settlement 7 Payments”). 8 The Judgment Debtors also agreed to timely submit monthly contribution reports and 9 pay all contributions that became due and owing to Plaintiff pursuant to the provisions of the 10 Labor Agreement for covered labor performed by the Judgment Debtors’ employees while 11 any portion of the Judgment Amount remains unpaid (“Stay Current Obligation”). Failure to 12 timely remit a Settlement Payment or adhere to the Stay Current Obligation constituted a 13 Default under the terms of the Stipulation. 14 Following the Judgment Debtors’ agreement to the terms of the Stipulation and their 15 execution of the Judgment by Confession, Judgment Debtors failed to satisfy several 16 conditions of the Stipulation and Judgment by Confession, including failing to: (i) timely 17 remit the first (1st) of the monthly Settlement Payments; (ii) deliver the executed Stipulation 18 to Plaintiff’s attorney; and (iii) timely submit the report and contributions to Plaintiff for the 19 October 2022 work month (collectively, the “Defaults”). Plaintiff mailed a Notice of Default 20 on December 14, 2022, which caused an automatic late fee and collection charge of $150.00
21 (“Late Fee”) to be added to the other amounts owed. On December 15, 2022, the Judgment 22 Debtors remitted the first (1st) of the Settlement Payments in the amount of $5,025.31. 23 However, the Judgment Debtors failed to fully cure the Defaults within ten days, as required 24 by the agreed-upon terms and in the Stipulation, by failing to deliver the executed 25 Stipulation, submit the report and contributions for the October 2022 work month, and pay 26 the Late Fee. 27 1 On January 12, 2023, Plaintiff filed the Motion and seeks entry of the Judgment by 2 Confession in the following amount (“Revised Judgment Amount”): 3 Judgment Amount ........................................................................$19,729.94 4 Interest at 9% per annum1 .................................................................$563.76 5 Late Fee .............................................................................................$150.00 6 Additional Attorney’s Fees and Costs2 ........................................$17,409.97 7 Less First (1st) of the Settlement Payments ................................ ($5,025.31) 8 Revised Judgment Amount .......................................................$32,828.36 9 DISCUSSION 10 Federal courts have authority to enter judgments by confession. F.D.I.C. v. Aaronian, 11 93 F.3d 636, 640-41 (9th Cir. 1996) (citing D.H. Overmyer Co., Inc. v. Frick Co., 405 U.S. 12 174, 185, 92 S. Ct. 775, 31 L. Ed. 2d 124 (1972)). Nevada law expressly permits judgments 13 by confession. See NRS 17.090. Under Nevada law, a judgment by confession is a statement 14 “in writing, signed by the defendant and verified by his or her oath” that “authorize[s] the 15 entry of judgment for a specified sum” and that if money is or will become due, “it shall state 16 concisely the facts out of which it arose, and shall show that the sum confessed therefor is 17 justly due, or to become due.” NRS 17.100.
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1 CWHeRslIeSyT EJ.N SSmENit JhA, EMsEqS. &(1 1M87A1R)T IN, CHTD. 2 Kevin B. Archibald, Esq. (13817) Dylan J. Lawter, Esq. (15947) 3 7440 W. Sahara Avenue Las Vegas, Nevada 89117 4 Telephone: (702) 255-1718 Facsimile: (702) 255-0871 5 Email: wes@cjmlv.com, kba@cjmlv.com, djl@cjmlv.com Attorneys for Plaintiff Board of Trustees of the Southern 6 Nevada and California Glaziers, Fabricators, Painters and Floorcoverers Pension Trust Fund 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 BOARD OF TRUSTEES OF THE CASE NO.: 2:23-cv-00042-CDS-VCF SOUTHERN NEVADA AND CALIFORNIA 11 GLAZIERS, FABRICATORS, PAINTERS AND FLOORCOVERERS PENSION ORDER GRANTING MOTION 12 TRUST FUND, FOR ENTRY OF JUDGMENT BY CONFESSION 13 Plaintiff [ECF No. 5] 14 vs.
15 LIMITED EDITION GLASS INC., a California corporation; RICHARD BRYAN
16 SCOTT, an individual; AMERICAN CONTRACTORS INDEMNITY 17 COMPANY, a California corporation; JOHN DOES I-XX, inclusive; and ROE ENTITIES 18 I-XX, inclusive,
19 Defendants
21 Having received and considered the Board of Trustees of the Southern Nevada and 22 California Glaziers, Fabricators, Painters and Floorcoverers Pension Trust Fund’s 23 (“Plaintiff”) unopposed Motion for Entry of Judgment by Confession (“Motion”) [ECF No. 24 5] and the Declaration and Exhibits filed therewith, including the Stipulation and Consent for 25 Entry of Judgment by Confession (“Stipulation”), the Judgment by Confession, and the Oath 26 and Verification signed by Defendants Limited Edition Glass, Inc. (“LEG”) and Richard 27 Bryan Scott (“Scott”) [ECF No. 5-3], and good cause appearing, the Court orders, adjudges, 28 and decrees as follows: 1 FACTUAL BACKGROUND 2 On November 16, 2022, Plaintiff, LEG and Scott agreed through email (attached to 3 the Motion as Exhibit 1 [ECF No. 5-2]) to essential terms to settle certain amounts owed to 4 the Plaintiff for unpaid fringe benefit contributions for work performed during the period of 5 August 1, 2022 through September 30, 2022, plus interest, liquidated damages, and 6 attorney’s fees, pursuant to the requirements of LEG’s Master Labor Agreement (“Labor 7 Agreement”) with District Council of Painters and Allied Trades No. 36 on behalf of 8 Glaziers, Architectural Metal and Glass Workers Local Union No. 636. In the emails, LEG 9 and Scott agreed to memorialize the agreement through execution of a Stipulation for Entry 10 and a Judgment by Confession in favor of Plaintiff and against LEG and Scott (collectively 11 the “Judgment Debtors”). 12 After reviewing the Stipulation and Judgment by Confession (attached to the Motion 13 as Exhibit 2 [ECF No. 5-3]), which confessed judgment against Judgment Debtors, jointly 14 and severally, in the amount of $19,729.94 (“Judgment Amount”), Scott executed the 15 Judgment by Confession on November 29, 2022, both in his individual capacity and as 16 President of LEG. Scott also executed and had notarized the Oath and Verification attached 17 to the Judgment by Confession, through which Scott swore upon oath, verified, and declared 18 that, “Entry of this Judgment by Confession, according to its provisions, is duly authorized,” 19 and “The monies due and owing and the basis for said Judgment are accurately set forth in 20 the Stipulation and this Judgment.” See ECF No. 5-3 at 13.
21 The Judgment by Confession states, “The Judgment Amount shall be reduced by any 22 Settlement Payments described in the Stipulation that were made by the [Judgment Debtors] 23 and received by the Plaintiff.” It also states:
24 The Judgment Amount shall be increased by: (i) all interest accrued on the Judgment Amount from December 10, 2022, through the date of 25 entry of the Judgment at the rate of nine percent (9%) per annum, (ii) any unpaid Late Fee related to Default and Notice, as set forth in the 26 Stipulation, and (iii) all reasonable attorney’s fees and costs incurred by the Plaintiff to collect the Judgment Amount. 27 1 The Judgment Debtors were required to execute and submit the Stipulation and 2 Judgment by Confession to Plaintiff’s attorney on or before November 30, 2022, and to 3 satisfy the Judgment by Confession, at minimum, through four (4) monthly Settlement 4 Payments commencing on December 10, 2022, and due on the 10th day of the month 5 thereafter. Payments one (1) through three (3) were to be in the amount of $5,025.31 each, 6 and payment four (4) was to be in the amount of $4,987.91 (collectively, the “Settlement 7 Payments”). 8 The Judgment Debtors also agreed to timely submit monthly contribution reports and 9 pay all contributions that became due and owing to Plaintiff pursuant to the provisions of the 10 Labor Agreement for covered labor performed by the Judgment Debtors’ employees while 11 any portion of the Judgment Amount remains unpaid (“Stay Current Obligation”). Failure to 12 timely remit a Settlement Payment or adhere to the Stay Current Obligation constituted a 13 Default under the terms of the Stipulation. 14 Following the Judgment Debtors’ agreement to the terms of the Stipulation and their 15 execution of the Judgment by Confession, Judgment Debtors failed to satisfy several 16 conditions of the Stipulation and Judgment by Confession, including failing to: (i) timely 17 remit the first (1st) of the monthly Settlement Payments; (ii) deliver the executed Stipulation 18 to Plaintiff’s attorney; and (iii) timely submit the report and contributions to Plaintiff for the 19 October 2022 work month (collectively, the “Defaults”). Plaintiff mailed a Notice of Default 20 on December 14, 2022, which caused an automatic late fee and collection charge of $150.00
21 (“Late Fee”) to be added to the other amounts owed. On December 15, 2022, the Judgment 22 Debtors remitted the first (1st) of the Settlement Payments in the amount of $5,025.31. 23 However, the Judgment Debtors failed to fully cure the Defaults within ten days, as required 24 by the agreed-upon terms and in the Stipulation, by failing to deliver the executed 25 Stipulation, submit the report and contributions for the October 2022 work month, and pay 26 the Late Fee. 27 1 On January 12, 2023, Plaintiff filed the Motion and seeks entry of the Judgment by 2 Confession in the following amount (“Revised Judgment Amount”): 3 Judgment Amount ........................................................................$19,729.94 4 Interest at 9% per annum1 .................................................................$563.76 5 Late Fee .............................................................................................$150.00 6 Additional Attorney’s Fees and Costs2 ........................................$17,409.97 7 Less First (1st) of the Settlement Payments ................................ ($5,025.31) 8 Revised Judgment Amount .......................................................$32,828.36 9 DISCUSSION 10 Federal courts have authority to enter judgments by confession. F.D.I.C. v. Aaronian, 11 93 F.3d 636, 640-41 (9th Cir. 1996) (citing D.H. Overmyer Co., Inc. v. Frick Co., 405 U.S. 12 174, 185, 92 S. Ct. 775, 31 L. Ed. 2d 124 (1972)). Nevada law expressly permits judgments 13 by confession. See NRS 17.090. Under Nevada law, a judgment by confession is a statement 14 “in writing, signed by the defendant and verified by his or her oath” that “authorize[s] the 15 entry of judgment for a specified sum” and that if money is or will become due, “it shall state 16 concisely the facts out of which it arose, and shall show that the sum confessed therefor is 17 justly due, or to become due.” NRS 17.100. 18 I find that entry of the Judgment by Confession for the Revised Judgment Amount is 19 appropriate. The Judgment by Confession complies with Nevada law in that it is in writing, 20 signed by the Judgment Debtors, verified by their oaths, authorizes entry for a specified sum,
21 states concisely the facts out of which the money due arose, and shows the sum confessed is 22 justly due. Specifically, the amounts set forth by the Plaintiff for the original Judgment
1 Pursuant to the express terms of the Stipulation and Judgment by Confession, interest 24 accrues on the Judgment Amount at the rate of nine percent (9%) per annum (or $4.86 per day) from December 10, 2022, through the date of entry of the Judgment by Confession. 25
2 Pursuant to the express terms of the Stipulation and Judgment by Confession, the Judgment 26 Amount shall be increased by all reasonable attorney’s fees and costs incurred by the Plaintiff to collect the Judgment Amount. This amount is calculated through March 31, 2023. 27 1 Amount, interest at nine percent (9%) per annum, Late Fee, and additional attorney’s fees 2 and costs, less the first (1st) of the Settlement Payments remitted by Defendants, are 3 authorized by the Stipulation and Judgment by Confession. The Judgment Debtors defaulted 4 on their obligations under the Stipulation and Judgment by Confession and have failed to 5 timely and properly cure the Defaults. Thus, entry of the Judgment by Confession is proper 6 pursuant to its express terms and Nevada law. 7 ORDER 8 Therefore, IT IS HEREBY ORDERED that: 9 1. The Motion for Entry of Judgment by Confession [ECF No. 5] is GRANTED. 10 2. The Judgment by Confession will be signed and entered by the Court in favor 11 of Plaintiff and against the Judgment Debtors, jointly and severally, for the Revised 12 Judgment Amount of $32,828.36. 13 3. Interest shall continue to accrue on the Judgment Amount at the rate of nine 14 percent (9%) per annum from the date of entry until paid in full. 15 4. All reasonable attorney’s fees and costs incurred by the Plaintiff to collect the 16 Judgment Amount shall be added to the Judgment Amount. 17 5. The Clerk of Court is directed to enter Judgment against Defendants Limited 18 Edition Glass, Inc. and Richard Bryan Scott, jointly and severally, in the total amount of 19 $32,828.36. 20 DATED: April 11, 2023
21 _____________________________________ 22 Cristina D. Silva United States District Judge 23 Submitted by: 24 CHRISTENSEN JAMES & MARTIN, CHTD.
25 By: /s/ Dylan J. Lawter 26 Dylan J. Lawter, Esq. (15947) Attorneys for Plaintiff 27