Free Motion to Enjoin - District Court of Delaware - Delaware

Case 1 :04-cv-00371-SLR Document 13 Filed 07/15/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD R. CEPHAS,
Plaintiff, Civil Action No. O4-871-SLR
PHILADELPHIA MARINE TRADE
ASSOCIATION, :
and
INTERNATIONAL LONGSHOREMAN’S V
ASSOCIATION, :
Defendants.
PHILADELPHIA MARINE TRADE ASSOCIATION’S
MOTION TO JOIN AN ADDITIONAL DEFENDANT
Defendant, Philadelphia Marine Trade Association ("PMTA"), hereby moves to
join the PMTA-ILA Container Royalty Fund ("the Fund") as an additional Defendant pursuant to
Rule 19 and Rule 2l of the Federal Rules of Civil Procedure. In support whereof, Defendant
relies on the reasons set forth in the accompanying Memorandum of Law being filed herewith.
For the reasons set forth below and in the accompanying Memorandum of Law, PMTA
respectfully requests that its Motion to Join an Additional Defendant be granted.
l. Plaintiff Richard Cephas ("Plaintiff’) filed the instant action in the United
States District Court for the District of Delaware alleging that Plaintiff is entitled to Container
Royalty Fund payments and demanding "$l7,000, plus costs, interests and other equitable
relief"
2. Plaintiff named the International Longshoreman’s Association ("ILA")
and the Philadelphia Marine Trade Association ("PMTA") as Defendants in the matter.

Case 1:04-cv-00871-SLR Document 13 Filed 07/15/2005 Page 2 of 3
3. In or about February, 1973, ILA and PMTA established the Fund through
which certain eligible members of the ILA could draw benefits to compensate them for lost
employment due to a technological advance in ship loading known as "containerization."
4. Benefits are paid directly to the eligible individuals by the Fund. The
Fund is a separate legal entity administered by a Board of Trustees. Neither the ILA nor the
PMTA is responsible for making benefits payments to eligible employees.
5. The Board of Trustees’ responsibilities include, but are not limited to,
establishing the conditions of fund eligibility, receiving and collecting contiibutions to the fund,
investing and reinvesting the fund’s principal and income, and determining when employees are
entitled to benefits.
6. Title to all money accrued in the Fund is vested solely with the Board of
Trustees.
7. Plaintiff failed to name the Fund as a Defendant in this action.
8. Granting this motion to join the Fund as an additional Defendant is
feasible and is in the interest of justice as the Fund maintains a clear interest in the disposition of
its funds.
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Case 1:04-cv-00871-SLR Document 13 Filed 07/15/2005 Page 3 of 3
WHEREFORE, Defendant PMTA requests that the Court grant this motion to join
the PMTA-ILA Container Royalty Fund as an additional Defendant.
ALFRED mw GEL R. (# 2164)
JAMES . IVAN, JR. (# 2266)
Klett Rooney Lieber & Schorling, P.C.
The Brandywine Building
1000 West Street, Suite 1410
Wilmington, Delaware 19801
(302) 552-4200
Attorneys for Defendant
Philadelphia Marine Trade Association
July 15, 2005
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