Free Judgment - District Court of Delaware - Delaware

Case 1 :07-cv-00094-JJF Document 12 Filed 07/25/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PLUMBERS AND PIPEFITTERS LOCAL ; CIVIL ACTION
UNION NO. 74 ANNUITY FUND, et al. : i
Plaintiffs { _
V. 2
TRI-STATE TECHNOLOGIES, INC. E
Defendant NO. 07-CV-94 (JJF)
STIPULATION AND ORDER E
OF JUDGMENT
Plaintiffs, Plumbers and Pipefitters Local Union N0. 74 Annuity Fund, Plumbers and
Pipefitters Local No. 74 Health and Welfare Trust Fund, Plumbers and Pipefitters Local Union No. p j
74 Pension Fund (formerly the Pipefitters Local Union No. 80 Employers Joint Pension Trust i
Fund), Plumbers and Pipetitters Local No. 74 Apprenticeship Fund, Pipelitters Local Union No. 74
EducationalfPAC Fund, (respectively, "Annuity Fund", "Welfare Fund", “Pension Fund", il;
"Apprenticeship Fund", "Education/PAC Fund", and, collectively, “Funds"), and Local Union No.
74 ofthe United Association of Journeyman and Apprentices of the Plumbing and Pipetitting E
lndustry of the United States and Canada, AFL-CIO ("Uni0n" and together with Funds, __
"Plaintiffs"), and Defendant, Tri-State Technologies, Inc. ("Det`endant" or “Company"), hereby ‘
stipulate to the following tem1s to be entered as an Order of Judgment of the Court: P
l. Judgment is entered against Defendant and in favor of Plaintiffs in the total amount
of $l56,895.60 as itemized as follows:
(a) Unpaid contributions in the amount of$l38,943.l4 under 29 U.S.C.
§1 l32(g)(2) and l85(a) for the period July 2006 tluough January 2007.
U (b) Interest on the unpaid contributions set out in £l(a) above through June 30,
2007 in the amount of $10,164.81.

Case 1 :07-cv-00094-JJF Document 12 Filed 07/25/2007 Page 2 of 4
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(c) Attomeys’ 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). E
(d) Attomeys' 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. §1 l32(g)(2)(D).
_ 2. Execution on the foregoing Judgment is hereby STAYED pending the following: Z
(a) Payment by the defendant of $10,000.00 on or before July 31, 2007, and I
$10,000.00 on or before August 31, 2007.
(b) Payment of the balance, including interest, in twenty-four (24) equal monthly
payments of $6,834.39 each, due on the l" of each month, with the first .
payment due on or before October 1, 2007. U
(e) The defendant must stay current on all on-going and future obligations to the t
plaintiffs. L
(d) The defendant must comply with all other terms and conditions of this
Stipulation and Order of Judgment.
lf Defendant defaults on any of the foregoing conditions, Plaintiffs may immediately initiate
execution proceedings without obtaining leave of Court. 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
Plaintiffs deem appropriate without violating this stay, and without obtaining leave of Court.
3. As security for the foregoing, Defendant shall provide Plaintilfs 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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Case 1:07-cv-00094-JJF Document 12 Filed 07/25/2007 Page 3 of 4
5. It is further agreed and ORDERED that Defendant, its owners, officers, agents, servant,
attomeys, and all persons acting on their behalf or in conjunction with them shall be and hereby are
restrained and enjoined from refusing to file 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 tl1e 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 liom 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 mics and regulations of the 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
$ll,l38.41. lf the Defendant defaults on any of the provisions of this Stipulation, this sum shall be
reinstated and added to the principal amount due hereunder.
8. If further action by Plaintiffs to enforce thisjudgment is required, Plaintiffs may apply to
this Court or to the Court in which enforcement is sought for
(a) further reasonable attomeys‘ fees and costs in addition to those set out above, and
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Case 1:07-cv-00094-JJF Document 12 Filed 07/25/2007 Page 4 of 4
(b) additional interest on the unpaid contributions set out in 1]l(a) from April 23, 2007 (
until the date they are paid which interest shall be calculated at the applicable rates
under 29 U.S.C. §1 132(g)(2)(C)(i) and 26 U.S.C. §662l.
FERRY, JOSEPH & PEARCE, P.A.
Cin? S. Miller (#3418)
824 Market Street, Suite 904
P.O. Box 1351
Wilmington, DE 19899-135l
(302) 575-1555
Dated: 7- /$»¤7
TR1-STATE TE HNOLOGIES, C.
By: - U (Seal)
Ed Mendez, President
Dated: 7- I 9, gy 7
so oimr-map tnisékii day
2007. _ ( ‘ ‘
./ I A-
-- _ ‘ Mm I
Jos · ·· .1= MYQ nz., ty
Unit · tates District Court
182154-1 4