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Case 2:13-cv-00069-GMN-PAL Document 32-1 Filed 07/10/13 Page 1 of 12
Case 2:13-cv-00069-GMN-PAL Document 33 Filed 07/11/13 Page 1 of 12






CHRISTENSEN JAMES & MARTIN
KEVIN B. CHRISTENSEN, ESQ. (175)
DARYL E. MARTIN, ESQ. (6375)
LAURA J. WOLFF, ESQ. (6869)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Tel.: (702) 255-1718
Fax: (702) 255-0871
[email protected], [email protected], [email protected]
Attorneys for Plaintiff


UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

* * * * *

Plaintiff,

UNITE HERE HEALTH, by and through its
fiduciary, Matthew Walker,



vs.

DESERT PALACE, INC. dba CAESAR’S
PALACE, a Nevada corporation; BISTRO
CENTRAL, LV, LLC dba CENTRAL 24/7, a
Nevada
liability company; CARL
HALVORSON, individually; JOHN DOES I-
X, inclusive; ROE ENTITIES I-X, inclusive,




Defendants.

limited









Case No.: 2:13-cv-0069-GMN-PAL



STIPULATED JUDGMENT
AGAINST BISTRO CENTRAL, LV,
LLC dba CENTRAL 24/7












Pursuant to the express Stipulation for Entry of Judgment Against Bistro Central, LV,

LLC dba Central 24/7 and for Stay of Execution (“Stipulation”) between the parties hereto, it is

hereby ORDERED, ADJUDGED and DECREED that:

1.

UNITE HERE HEALTH (“Plaintiff” or “Trust”) shall

take Judgment

(“Judgment”) against Defendant BISTRO CENTRAL LV, LLC (“Defendant” or “Bistro”) only,

in the total sum of Seven Hundred Sixty Four Thousand Two Hundred Seven and 71/100 Dollars

($764,207.71) (“Judgment Amount”), which includes all known pre-judgment damages owed to

the Trust through the work month ending April 30, 2013, including fringe benefit contributions



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owed, interest, liquidated damages, attorney’s fees and costs. The Judgment Amount shall

accrue interest at the rate of 5.25% from the date of July 1, 2013 until paid in full.

2.

The Judgment Amount shall be paid to the Plaintiff as a third-party beneficiary

under the terms of a written collective bargaining agreement and a memorandum of agreement

between Desert Palace Inc. dba Caesar’s Palace, Bistro and the Local Joint Executive Board of

Las Vegas, for and on behalf of Culinary Workers Union, Local No. 226 and Bartenders Union,

Local 165 (“CBA”). Plaintiff warrants and represents that it is authorized to receive payment of

the Judgment Amount and that such payment goes toward satisfying Bistro’s obligations under

the CBA. This Judgment includes settlement of all claims by the Plaintiff for fringe benefit

contributions for hours worked by the employees of Bistro through the date of April 30, 2013,

plus interest, liquidated damages, attorney’s fees and costs. Plaintiff and Bistro agree, however,

that Plaintiff reserves the right for up to one (1) year from the date the parties execute this

Judgment to perform an audit through the date of April 30, 2013 and to seek recovery of any

additional amounts that may be owed as determined by such audit. After one (1) year, provided

Bistro cooperates and provides all documents necessary or appropriate for such audit, Plaintiff

shall have no further audit rights or rights to seek additional amounts claimed to be owed through

April 30, 2013.

3.

The Judgment Amount, including interest on the declining balance owed, shall be

paid by the Defendant to the Plaintiff through twelve (12) monthly installments due on the first

(1st) day of each month (except for the first payment, which shall be paid on July 8, 2013), or if

the first day of the month is a weekend or a non-banking day, then on the first day thereafter that

is not a weekend or non-banking day, with the first payment due on July 8, 2013, as follows:



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a.

Payments One (1) through Eleven (11) shall be in the amount of Sixty

Five Thousand Five Hundred Nine and 48/100 Dollars ($65,509.48)

(“Monthly Payments”), commencing on July 8, 2013 and on the first (1st)

of each month thereafter;

b.

Payment Twelve (12) shall be in the amount of $65,509.51 (“Final

Payment”) and shall be made on or before June 1, 2014.

Defendant shall have the right to prepay all or any portion of the Judgment Amount at any time

without incurring a prepayment penalty.

4.

Payments toward the Judgment Amount shall be made payable to “UNITE HERE

HEALTH” and shall be remitted to the Plaintiff’s attorneys, Christensen James & Martin, c/o

Daryl E. Martin, Esq., at 7440 W. Sahara Avenue, Las Vegas, NV 89117, or to such other

location as Defendants are notified in writing. Should any payment required herein be returned

for insufficient funds, all subsequent payments shall be made using certified funds (cashier’s

check, money order). Defendant shall also have the option of making all Monthly Payments and

the Final Payment via wire

transfer and Plaintiff,

if requested, shall provide wire

instructions/information to Defendant sufficient to enable Defendant to do so.

5.

As further consideration, to avoid any additional delinquencies and to fully

resolve the legal claims asserted by the Plaintiff, while any portion of the Judgment Amount

remains unpaid, Defendant shall timely pay all contributions that fall due and owing to the

Plaintiff pursuant to the provisions of the CBA or any other collective bargaining agreement to

which Defendant may be bound for covered labor performed by Defendant’s employees.

Defendant shall remit monthly reports to the Plaintiff listing hours worked by Defendant’s

covered employees and shall make corresponding contribution payments to the Plaintiff to pay



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for the hours (“Current Obligations”). These reports and payments shall be delivered to the

Plaintiff or its designee on or before the 15th day of the month following the calendar month in

which the covered labor was performed. The Current Obligations shall begin with reports and

contributions owed for the May 2013 work month and remain until all other conditions and

obligations under this Judgment are satisfied. Bistro shall be afforded until July 15, 2013 to

comply with the Current Obligations for the period between May 2013 and the period during

which the Judgment is executed. The failure to timely comply with the Current Obligations

during the time the Judgment Amount remains outstanding shall be an event of default under this

Judgment and Plaintiff shall be entitled to exercise all remedies provided in this Judgment,

unless timely cured as permitted by Paragraph 7. For clarity, this Judgment is not intended nor

shall it create any rights or liabilities in the event of Defendant’s failure to comply with any other

agreement or obligations relating to any other fund other than Plaintiff/the Trust.

6.

The Stipulation and Judgment shall be filed with the Court immediately upon

signature by all parties hereto and upon filing execution on the Judgment shall be stayed so long

as Defendant complies with the obligations under this Judgment and has not failed to cure any

default under this Judgment (“Stay of Execution”).

7.

Should Defendant default in making the Monthly Payments, the Final Payment, or

any payment required as part of the Current Obligations, Plaintiff shall provide Defendant with a

written Notice of Default delivered via first class and certified mail to Bistro, Attention: Carl

Halvorson, at 3570 Las Vegas Blvd., South, Las Vegas, NV 89109, with a copy to L.

Christopher Rose, Esq., Jolley Urga Wirth Woodbury & Standish, 3800 Howard Hughes

Parkway, 16th Floor, Las Vegas, NV 89169, and also delivered via email

to

[email protected] and [email protected] on the day of mailing. If, within ten days after



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Defendant’s receipt of the Notice of Default Defendant fails to make the required payment(s) to

cure the default, then:

a.

The stipulated Stay of Execution on the Judgment shall automatically and

immediately be terminated and Plaintiff shall have the right to file with the

Court a Notice of Termination of Stay of Execution on the Judgment

informing the Court that the Stay of Execution has been terminated by

Defendant’s Default and failure to cure;

b.

any additional outstanding amounts owed under the Current Obligations,

any accrued interest and liquidated damages associated therewith, plus any

attorney’s fees and costs incurred by the Plaintiff to collect the amounts

owed under this Judgment, shall be added to the Judgment Amount

(referred to as the “New Judgment Amount”);

c.

At the time of filing the Notice of Termination of Stay of Execution on the

Judgment, Plaintiff shall also file an affidavit with the Court identifying all

payments received (whether for the Monthly Payments, Final Payment, or

Current Obligations) and the unpaid balance of the Judgment Amount plus

any outstanding amounts owed under the Current Obligations in order to

explain the basis for the New Judgment Amount;

d.

Plaintiff shall have the immediate right to execute upon the Judgment for

the New Judgment Amount without further notice to the Defendant or

Order from the Court;

e.

Plaintiff shall have the right to present the Judgment to Caesars Palace and

to collect directly from Caesar’s any receivables owed to Defendant by



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Caesar’s to the extent of the New Judgment Amount, and this Judgment

shall constitute an Order of the Court directing Caesar’s to pay any

amounts due and owing to Defendant directly to the Plaintiff. No

additional writ need be issued by the Court or notice given to the

Defendant prior to payment by Caesar’s.

8.

In regard to Caesars:

a.

Plaintiff and the Trust waive any and all rights to assert claims against

Caesar’s to the extent of any payments Plaintiff or the Trust receive from

Caesars or Bistro;

b.

Plaintiff and the Trust agree to hold Caesar’s harmless from and against

any claims arising out of payments of Defendant’s receivables Caesar’s

may make to Plaintiff or the Trust.

c.

Plaintiff asserts that Caesars is independently liable to Plaintiff for the

same debts referenced in this Judgment. However, Plaintiff and the Trust

shall not pursue Caesars for any claims or amounts alleged owing unless

Defendant fails to comply with the terms of this Judgment and Plaintiff is

unable to satisfy the amounts owed under this Judgment through

reasonable efforts to be paid any receivables owed to Defendant by

Caesars. Plaintiff reserves all rights it may possess against Caesars and

will actively resume collection efforts against Caesars if Defendant fails to

satisfy the Judgment.

9.

In regard to Carl Halvorson:

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a.

Plaintiff and the Trust waive any and all rights to assert claims against

Carl Halvorson to the extent of any payments Plaintiff or the Trust receive

from Caesars or Bistro;

b.

Plaintiff asserts that Carl Halvorson is liable to Plaintiff for the same debts

referenced in this Judgment, which Carl Halvorson disputes. Plaintiff and

the Trust shall not pursue Carl Halvorson for any claims or amounts

alleged owing unless Defendant fails to comply with the terms of this

Judgment and Plaintiff is unable to satisfy the amounts owed under this

Judgment through reasonable efforts to be paid any receivables owed to

Defendant by Caesars. Plaintiff reserves all rights it may possess against

Carl Halvorson and will actively resume collection efforts against if

Defendant fails to satisfy the Judgment. Carl Halvorson reserves all rights

and defenses against Plaintiff;

10.

The following potential claims are reserved by the Trust: (i) any claims accruing

after the effective date of this Judgment, claims by the Trust for additional contributions and

related damages that may be due and owing to the Trust pursuant to the provisions of any CBA

or Memorandum Agreement to which Defendant may be bound that requires the payment of

contributions to the Trust Funds; (ii) all claims against any party other than Bistro, subject to the

conditions set forth in this Judgment; (iii) any additional claims discovered by audit for debts

alleged to be owed by Bistro relating to work performed by Bistro employees on or before April

30, 2013, so long as any such claims are asserted within one (1) year from the date the parties

execute this Judgment; and (iv) any additional claims discovered by Audit for any future Audit

period (May 1, 2013 and later).



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11.

The Stipulation and this Judgment shall be considered one instrument and shall

become binding when signed. Signatures to the Stipulation and Judgment as provided via

facsimile or scanned document shall be valid and shall be deemed the equivalent of original

signatures.

12.

A Release and Satisfaction of Claims in favor of the Defendant shall not be

executed nor delivered until all of Defendant’s obligations under this Judgment have been fully

performed. When Defendant’s obligations have been fully performed, Plaintiff shall execute and

file a satisfaction of judgment and deliver a Release and Satisfaction of claims as to all

defendants named in this action.

13.

Defendant has consulted the attorney of its choice and fully understands the

obligations and consequences of this Judgment.

14.

This Judgment constitutes the entire agreement between the Plaintiff and the

Defendant and shall supersede any and all prior oral and/or written representations, negotiations,

understandings and agreements.

[signatures follow]





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IT IS SO ORDEREDDated: _______________________________UNITED STATES DISTRICT JUDGEthis 11th day of July, 2013.Case 2:13-cv-00069-GMN-PAL Document 32-1 Filed 07/10/13 Page 10 of 12
Case 2:13-cv-00069-GMN-PAL Document 33 Filed 07/11/13 Page 10 of 12

DATED and done this

day of

,20

UNITED STATES DISTRICT COURT JUDGE

Dated: July

,2013.

Dated: July

,2013.

UNITE HERE HEALTH

Bistro Central LV, LLC dba Central
24/7

By:
Matthew Walker, CEO

By:

Carl Halvorson, Managing Member

Approved as to Form and Content:

Approved as to Form and Content:

Dated: July S>, 2013.

Dated: July

,2013

Christensen James & Martin

jolley urga wlrth woodbury &
Stan dish

By:

By:

Kevin B. Christensen, Es
Daryl E. Martin, Esq.
Laura Wolff, Esq.
Attorneys for Plaintiff
UNITE HERE HEALTH

L. Christopher Rose, Esq.
Tyler Ure, Esq.
Attorneys for Defendants
BISTRO CENTRAL, LV, LLC
and CARL HALVORSON

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