Free SO ORDERED - District Court of Delaware - Delaware

Case 1 :07-cv—OO762—JJ F-M PT Document 7 Filed O2/06/2008 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT ,
FOR THE DISTRICT OF DELAWARE (WILMINGTON) i
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LOCAL UNION NO. 313 OF : CIVIL ACTION ·
THE INTERNATIONAL BROTHERHOOD : NO: 1:07-cv-00762-J JF—1\/IPT [ 1
OF ELECTRICAL WORKERS OF WILMINGTON, : 1
DELWARE HEALTH AND WELFARE FUND, et al. :
. 5
Pigment, 1 J
RGS ELECTRICAL, 1N C. :
Defendant.
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JOINT STIPULATION FOR ENTRY OF CONSENT ORDER AND JUDGMENT ’
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It is stipulated and agreed by the undersigned that the attached proposed Consent Order 1
and Judgment may be entered without further notice or hearing.
For The Funds For Company
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BY: 5 2 BY: .
' S. ‘ `ller, Esquire Randy pencer, Vice President
(Del. Bar LD. No. 3418) R.G.S.1 Electrical Inc.
‘ Ferry, Joseph & Pearce, P.A. Attn: Randy Spencer 8: Matthew Alexander
824 Market Street, Suite 904 895 B. Nottingham Road
P.O. Box 1351 ( Elkton, MD 21921
Wilmington, DE 19899-1351 (410) 620-2367
(302) 575—1555 (410) 398-7929 (fax)
(302) 575-1714 (fax) [email protected]
rmi1le1·@frryj osepl1.con1
Attorney for the Funds
192458-I

Case 1:07-cv—OO762—JJF-MPT Document 7 Filed O2/06/2008 Page 2 of 4
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IN THE UNITED STATES DISTRICT COURT l
FOR THE DISTRICT OF DELAWARE (WILMINGTON) E
Q
LOCAL UNION NO. 3 13 OF : CIVIL ACTION l
THE NTERNATIONAL BROTHERI-IOOD : NO: l:07—cv~0O762-JJF-l\/IPT g
OF ELECTRICAL WORKERS OF WILMINGTON, : { I
DELWARE HEALTH AND WELFARE FUND, at al. : _ I
Plaintiffs, Q . “
V. I ! I
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RGS ELECTRICAL, INC. _ :
: [ I
Defendant. :
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CONSENT ORDER AND JUDGMENT
. Upon agreement ofthe parties, the International Brotherhood of Electrical Workers Local
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Union No. 313 Benefit Funds (°‘Funds") and RGS Electrical, Inc. ("Cornpany"), hereby stipulate
to entry of judgment in favor ofthe Funds and against Company as set forth herein:
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WI-IEREFORE, this (Jul day of Q Q runén { , 2008, judgment is hereby entered in
favor of the Funds and against Company and it is ORDERED by the Court that:
I l. This Consent Order and Judgment is entered pursuant to the terms of the January
15, 2008 Settlement Agreement ("Agreement”) between the Funds and Company and all the terms
and conditions of that Agreement are incorporated herein as if fully restated.
2. Judgment inthe total stun of $147,324.86 is entered in favor ofthe Funds against
Company. This amount includes the following: .
Principal $ 80,882.46 p
Interest (calculated through 1/15/08) S 4,600.86
Liquidated Damages $ 56,908.98
Overage (S 1,586.38)
Attorneys’ Fees & Costs 8 6,518.94
Total Debt $ 147,324.86
192452;-1

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3. Within twenty (20) days ofthe entry of this Order, Company shall fully and
accurately complete and submit to the Ftmds any and all then outstanding remittance reports with
all required infomation including the name and social-security number of each employee, the
hours worked, wages paid and contributions owed for that month together with a check for the
full amount of the contributions owed.
4. Company shall submit to an audit of wage, payroll, and personnel records for all
periods for which Company is obligated to contribute to the Funds within twenty (20) days of a n I
request by the Funds, and Company shall pay all contributions, interest, and liquidated damages
determined from such audit to be due, as well as the costs of such audit.
5. Company shall pay to the Funds any additional reasonable attorneys’ fees and costs
incurred thereaiter in connection with this case to enforce and collect this judgment. If any such l '
further action by the Funds is required, they may apply to this Court or to the court in which i {
enforcement is sought for further reasonable attorneys’ fees and costs in addition to those set out
` in 1ll above. @, Trucking Employees of North Jersey Welfare Fund, Inc. v. Bellezza Co., 57
Fed. Appx. 972 (3d Cir. 2003).
6. Because of Company’s persistent failure to meet its repotting and payment
obligations to the Funds under the terms of the collective bargaining agreements, Company, its
officers, agents, servants, employees, attorneys; and all persons acting on Company’s behalf or in
conjunction with it shall be and hereby are restrained and enjoined from refusing to tile
complete, proper and timely remittance reports with accompanying contributions for all periods A
for which Company is obligated to do _so under the current and any future collective bargaining
agreement(s) to which it is bound.

E mntss-1 _

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7. This Consent Order and Judgment is subject to execution in any court of competent
jurisdiction, and any and all terms of this Consent Order and Judgment may be enforced by the
Funds in any court of competent jurisdiction. i
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8. If Company fails to comply with any of the terms of this Consent Order and \
Judgment, the Funds may, in addition to pursuing the remedies provided under Federal Rule of l
Civil Procedure 69, reopen this case upon motion to this Court and notice to Company, and may ·
at that time ask for further appropriate monetary and/or injunctive relief l
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` ll. This Consent Order and Judgment is enforceable by the Funds individually, singly
p or jointly, or by their agent. i
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l2. The Clerk ofthe Court may immediately certify this Consent Order and ` i
Judgment for transfer to other jurisdictions upon the request ofthe Funds and payment of any i
required fee. F -
C i BY TI-IE COURT: -
Date: Q (9 [ By; 3
Uni ed States District Judge ,
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1sz4ss-i I

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