Free Motion to Stay - District Court of Delaware - Delaware

Case 1:04-cv-00146-JJF Document 37-11 Filed 10/11/2005 Page 1 of 3
EXHIBIT “4”
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‘ Case 1 :04-cv-00146-JJF Document 37-1 1 Filed 10/1 1/2005 Page 2 of 3
*l FORM B10 (0l`l1c1alForml0)(4/Ol)
' tr`2;·-" ‘r 1 Tx? tjtbgz
l uutreo srnres BANKRUPTCY count DISTRICT or DELAWARE PROOF OF CLAIM _
Name of Debtor Case Number
IT Corporation, The IT Group, lnc., and all of their affiliates 02-10118, 02-10165, and all other
and subsidiaries in bankru tc 68 in number ease #1; for the oe¤tors·amI1atstsubs _
NOTEZThls fomt should not be used to make e claim for an admimstratnve expense ansing alter the commencement ot the r
case A 'request" for payment ot an admlnlstratnve expense may be tiled pursuant to 11 U S C § 503 = ;
Name of Creditor (The person or other entity to whom the debtor owes lj Check 50* tl v°¤ are aware that
morloy gr property) anyone else has filed a proof of
claim relating to your claim Attach
Rochelle (Shelley) Bookspan copy ot statement giving particulars INC
ROUP.
Name and address where notices should be sent l;] Check box if you have never DEBT E SETBGC D D
1807 Lasuen Rd_ received any notices from the O O2_lOl IS THRU 02-WBT
Santa Barbara, California 93103 ”°""'“°’°"°°“"'" °"‘ °"’°° M NO · 6951
/` E C ' I "
5 L.\ 9 heck box if the address dttters
from the address on the envelope
Tataphprra number (605) 965-0629 mt t° WU by me wm mts sence is ron oounr use ontv
Account or other number by which creditor identities debtor Check hem lj replaces
I Employee # BO3442 'f“`*'$ dam" X amends a previously tiled claim, dated SBB Ex 1
1‘ Bam f°" C'a"" [I Retiree benetits as defined tn 11 u s.c g 1114 (el
I;] Goods sold
IE SBMCBS performed X Wages, salaries, and compensation (nil out below)
l l:] Mongy loaned Your SS #1 299 - Q - 3710
C] Personal inlury/wrongful death Unpaid compensation for services performed
l EI Taxes from June 1997 to December 1999
lil Other Unfunded contributions to Deferred (data) (data)
Com ensatron Plan, cF. 171796
2. Date debt was incurred: 3. If court judgment, date obtained:
June 1997 - December 1999
4. Total Amount of Claim at Time Case Filed: $ See Ex 1
l lf all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below
IZI Check this box if claim includes interest or other charges In addition to the principal amount of the claim. Attach itemized statement
of all interest or additional char es.
5. Secured Claim. 6. Unsecured Priority Claim.
X Check this box it your claim is secured by collateral (including a nght X Check this box It you have an unsecured pnonly clatm `
nreeem Debtors' bankruptcy estate Ampurrt ahtrttart tp prrprrtv 5
Spectty the prtonty of the claim
Brat Descnpmn °f Collateral l;] Wages, salanes, or commissions (upto $4,650)} eamed within 90 days before
l l;-l Real Estate lj Motor Vehicle mrng of the bankruptcy petition or cessation of the debtors business. whichever
· Q It ts earlier- 11 U S C §507(a)(3)
@0mar Debtor S bankru tc estate X Contnbutlons to an employee benefit plan - 11 U S C § 507(a)(4) l
u $2.100'fd tt c ch ,1 , tant I
_ _ lj states ra pe?sor?aT?Tari11l;vg:hg1T;eh?:T€us·§§€11O[lrgnC §s%¥’/§$’$1°‘
Value of Collateral S 100 l'l"l|lllOl’l (GSH [ij Alimony, maintenance, or support owed to a spouse, former spouse, or child -
11 u S C §so1(a)(‘r)
Arrrpvht of arrcaraca and other charaaa rrtpturtprt rrr lj;] rates or penalttes owed to governmental ante - 11 u s c 5 scrolls)
secured claim. 11 any s O I] Other - Spacrtv applrpaptc paragraph ¤t 11 U 5 C 5 507tal I _.l
' Amounts are sublect to 8D]USUTTEfTf on 4/1/04 and every 3 years thereafter wrth
res ect to cases commenced on or after the date of ad ustment
7. Credits: The amount of all payments on this claim has been credited and deducted for THIS SPACE §FOR‘§:,°URT USE ONLY
the purpose of making this proof of claim Ip §._,‘
8. Supporting Documents: Attach copies of supporting documents, such as promissory Z (tj; [ E
notes, purchase orders, Invoices, itemized statements of running accounts, contracts, 5: l rl,`) (
courtjudgments, mortgages, secunty agreements, and evidence of perfection of lien Q_ €-> I `l l
DO NOT SEND ORIGINAL DOCUMENTS. If the documents are not available, Q E, l
explain lf the documents are voluminous, attach a summary gi
9. Date-Stamped Copy: To receive an acknowledgment of the tiling of your claim, T’· Q --2;
enclose a stam ed, self-addressed envelo e and co of this • • · · m. Q co
Date Sign and pnnt the name and tttle, 11 any, of the =.• r or other · = n . · nzed to file C 99
Dec 2I 2003 this claim (attach copy ot power of attomey, if any) [ p___ L·"" »
Thomas Johnson, for R Bookspan individually & on behalf of T Corp DCP eff 1-1-96
Penalty for presenting fraudulent ctatm Fine of up to $500,000 or lm onment for up to 5 years, or both 18 U S C §§ 152 and 3571
· · A B10

I ' Case 1:04—cv—00146-JJF Document 37-11 Filed 10/11/2005 Page 3 of 3
Exhibit 1
United States Bankruptcy Court
District of Delaware
In re The IT Group, Inc., etal.
Bankr. Case No. O2-10118; 02-10165, and all
additional case numbers for the Debtors’ affiliates/subsidiaries in bankruptcy
AMENDMENT TO PROOF OF CLAIM
1. This proof of claim amends the following proofs of claim: # 4015 (Backus,
D.); ## 4016, 4017 (Bookspan, R.); # 4018 (Kenney, Stephen); # 4019 (Mahoney,
James R.); # 4022 (Marti, Thomas R.); # 4023 (McMurtry, David); # 4024 (Smith, Kevin
R.). Each of the foregoing proofs of claim were filed individually and on behalf of the IT
Corporation Deferred Compensation Plan, Eff. 1/1/96 (the "Plan" or "DCP"). Each
claimant asserts claims for, inter alia, unpaid minimum funding contributions owing to the
Plan.
2 Subsequent to the filing of the above proofs of claim, the Claimant along
with other plaintiffs in the adversary proceeding Accardi etal v. IT Corporation etal.,
Adv. No. 02-05486, retrieved additional proofs of claim relating to unpaid benefits that, in
turn, impact the Plan’s claims for unpaid minimum funding contributions and the amount
of the Plan’s damages relating to the same. The Claimant and the Plaintiffs do not have
proofs of claim and Statements of Account for at least 4 participants. Claimant
calculates that the amount of unpaid benefits for approximately 60 participants, is
$3,195,970, as of December 31, 2001, per Statements of Account provided by IT
Corporation. CIaimant’s own Statement of Account as of December 31, 2001, is listed at
$429,108.88
3. The Plan’s damages for the failure to make contributions are the subject
of expert testimony requiring a calculation of, inter alia, the projected retirement benefits
provided by the Plan. See, e.g., Carabba v. Randall Food Markets, 145 F. Supp. 2d 763
(N.D. Tex. 2000). The retirement benefits include, without limitation, the interest
accruing on each participants account pursuant to paragraph 3.5 of the Plan. The
calculation of projected retirement benefits will be based upon, in part and without
limitation, the participants account balances as of December 31, 2001.
I
4. The Plan’s damages for prejudgment interest is the subject of expert
testimony requiring a calculation of, inter alia, the interest accruing on each delinquent
contribution as of the date the particular contribution came due under 29 USC section
1082. Due to the unavailability of expert analysis at this juncture regarding either of the
foregoing issues, Claimant estimates the Plan’s damages relating to unpaid minimum
funding contributions to be, at least, $3,195,970.
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EXHIBIT "4"

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