Free Stipulation - District Court of Delaware - Delaware

07/lg/2007 11,%-cv-00094-JJF Document 9-2 Filed 07/19L2%Q7MSD£gge 1 of @001/004
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IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
PLIHVIBERS AND PIPEFIITERS LOCAL : CIVIL ACTION
UNION NO. 74 ANNUITY FUND, etal. :
Plaintiffs
TRLSTATE TECHNOLOGIES, INC. 1
Defendant NO. 07-CV—94 (JJF)
STIPULATION AND ORDER l
OF JUDGMENT
Plaintiffs, Plumbers and Pipetitters Local Union No. 74 Annuity Fund, Plumbers and
Pipefitters Local No. 74 Health and Welfare Trust Fund, Plumbers and Pipefitters Local Union No.
74 Pension Fund (formerly the Pipetitters Local Union No. 80 Employers Joint Pension Trust
Fund), Plumbers and Pipefitters Local No. 74 Apprenticeship Fund, Pipetitters Local Union No. 74
Educational/PAC Fund, (respectively, ‘°Annuity Fund", "Welfare Fund", ‘°Pension Fund”, 1
"Apprenticeship Fund", "Education/PAC Fund", and, collectively, "Funds"), and Local Union No.
74 of the United Association ofJourneymen and Apprentices of the Plumbing and Pipefitting i
Industry of the United States and Canada, AFL—CIO ("Union" and together with Funds, I
1 "Plaintiffs"), and Defendant, Tri—State Technologies, Inc. ("Defendant” or "Company"), hereby `
stipulate to the following tenns to be entered as an Order of Judgment of the Court: U
1. Judgment is entered against Defendant and in favor of Plaintiffs in the total amount
of $156,895.60 as itemized as follows:
(a) Unpaid contributions in the amount of $138,943.14 under 29 U.S.C.
§l l32(g)(2) and 185(a) for the period July 2006 through January 2007.
t (b) Interest on the unpaid contributions set out in 1l1(a) above through June 30,
2007 in the amount of $10,164.81. c

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J (c) Attorneys’ fees and costs by Jennings Sigmond, P.C. in the amount of
$4,262.65 incurred through June 21, 2007 pursuant to 29 U.S.C. §1l32(g)(2)(D).
(d) Attorneys’ fees and costs by Ferry, Joseph & Pearce, P.A. in the amount of
$3,525.00 incurred through June 21, 2007 pursuant to 29 U.S.C. §1132(g)(2)(D).
_ 2. Execution on the foregoing Judgment is hereby STAYED pending the following:
(a) Payment by the defendant of $10,000.00 on or before July 31, 2007, and
$10,000.00 on or before August 31, 2007. .
(b) Payment ofthe balance, including interest, in twenty-four (24) equal monthly
payments of $6,834.39 each, due on the ls' of each month, with the first U
payment due on or before October 1, 2007.
(c) The defendant must stay current on all on—going and future obligations to the {
plaintiffs.
(d) The defendant must comply with all other terms and conditions of this
Stipulation and Order of Judgment.
If Defendant defaults on any ofthe foregoing conditions, Plaintiffs may immediately initiate W
execution proceedings without obtaining leave of Coun:. At any time, in their sole discretion, Plaintiffs `
may transfer this Judgment to the Superior Court ofthe State of Delaware, or such other venue as the l
Plaintiffs deem appropriate without violating this stay, and without obtaining leave of Court.
3. As security for the foregoing, Defendant shall provide Plaintiffs with a blanket security
interest on all assets and shall cooperate with the Plaintiffs in executing such documentation that is
reasonably necessary to validate such lien.
4. As further security for the foregoing, as soon as practicable, Defendant shall provide
Plaintiffs with a payment bond, with surety, in the largest amount (not to exceed $250,000) as
Defendant is able to obtain based on its employed manpower.
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5. It is further agreed and ORDERED that Defendant, its owners, officers, agents, servant,
attorneys, and all persons acting on their behalf or in conjunction with them shall be and hereby are
_ restrained and enjoined from refusing to tile complete, proper and timely remittance reports with
accompanying contributions for all periods for which Defendant is obligated to do so under the
collective bargaining agreement(s).
6. It is further agreed and ORDERED that the Funds shall have the right to conduct an
audit of Company’s books and records for all relevant periods, including the time period from July
2006 through the date ofthe audit. Company, its owners, officers, agents, servants, employees and all
persons acting on Company’s behalf or in conjunction with Company, shall be and are hereby
restrained and enjoined from failing and refusing to submit to such audits by certified public
accountants selected by the Funds and shall produce all books and records requested by the auditor
and/or the Trustees ofthe Funds, including, but not limited to, payroll, wage, general ledger and cash
disbursement records, compensation insurance audits, and any other pertinent records deemed
necessary for the purpose of ascertaining and/or verifying payments and/or liabilities to the Funds.
Company shall pay to the Funds the cost of the audit together with any additional amounts found
owing, plus such other amounts as set forth in the collective bargaining agreement, the trust
agreements and rules and regulations ofthe Funds, ERISA and applicable law.
7. The parties understand and acknowledge that as part ofthe compromise of this matter, the
Plaintiffs have agreed to waive liquidated damages allowable under ERISA in the amount of
$11,138.41. If the Defendant defaults on any of the provisions of this Stipulation, this sum shall be
reinstated and added to the principal amount due hereunder.
8. If further action by Plaintiffs to enforce this judgment is required, Plaintiffs may apply to
_ this Court or to the Court in which enforcement is sought for
(a) further reasonable attorneys’ fees and costs in addition to those set out above, and
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(b) additional interest on the unpaid contributions set out in 1[l(a) from April 23, 2007 8
until the date they are paid which interest shall be calculated at the applicable rates
under 29 U.S.C. §l l32(g)(2)(C)(i) and 26 U.S.C. §662l.
FERRY, JOSEPH & PEARCE, P.A.

1 S. Miller (#3418) V
824 Market Street, Suite 904
P.O. Box 1351
Wilmington, DE 19899-1351
(302) 575-1555
Dated: - /6/ Op}
TRI-STATE TE HNOLOGIES, INC.
By: · U (Seal)
Ed Mendez, President
Dated: 7- / 9, D `7
SO ORDERED this day of ,
5 2007.
JOSEPH J. FARNAN JR., J.
United States District Court
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