Free Proposed Consent Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00762-JJF-I\/IPT Document 5 Filed O2/05/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE (WILMINGTON) 1
LOCAL UNION NO. 313 OF : CIVIL ACTION
THE NTERNATIONAL BROTHERHOOD : NO: 1:07-cv—00762-JJF-MPT
OF ELECTRICAL WORKERS OF WILMINGTON, :
DELWARE HEALTH AND WELFARE FUND, etal. :
Piaimtirrs, 2
RGS ELECTRICAL, INC.
Defendant.
JOINT STIPULATION FOR ENTRY OF CONSENT ORDER AND JUDGMENT i
It is stipulated and agreed by the undersigned that the attached proposed Consent Order
and Judgment may he entered without further notice or hearing.
For The Funds For Company
BY: BY:
“ S. I iller, Esquire Randy pencer, Vice President
(Del. Bar I.D. No. 3418) R.G.S. Electrical Inc.
° Ferry, Joseph & Pearce, P.A. Attn: Randy Spencer & Matthew Alexander
824 Market Street, Suite 904 895 B. Nottingham Road
P.O. Box 1351 A Elkton, MD 21921
Wilmington, DE 19899-1351 (410) 620—2367
(302) 575-1555 (410) 398-7929 (fax)
(302) 575-1714 (fax) [email protected]
I [email protected]
1
l Attomey for the Funds
1
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Case 1 :07-cv-00762-JJF-I\/IPT Document 5 Filed O2/05/2008 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE (WILMINGTON) Q
LOCAL UNION NO. 313 OF : CIVIL ACTION
THE NTERNATIONAL BROTHERHOOD : NO: 1:07—cv—007 62~J JF —l\/IPT J
OF ELECTRICAL WORKERS OF WILMINGTON, : y
DELWARE HEALTH AND WELFARE FUND, et al. : V
Piamarrs, E .
· l
RGS ELECTRICAL, INC.
i l
Defendant. :
CONSENT ORDER AND JUDGMENT
» Upon agreement of the parties, the International Brotherhood of Electrical Workers Local
Union No. 313 Benefit Funds (°‘Funds”) and RGS Electrical, Inc. ("Company"), hereby stipulate i
to entry of j udgment in favor of the Funds and against Company as set forth herein:
WI-IEREFORE, this day of , 2008, judgment is hereby entered in
favor of the Funds and against Company and it is ORDERED by the Court that:
I 1. 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 in the total sum of $147,324.86 is entered in favor of the Funds against
Company. This amount includes the following:
Principal $ 80,882.46
Interest (calculated through 1/ 15/08) SS 4,600.86
* Liquidated Damages S 56,908.98
Overage (SB 1,586.38)
Attorneys’ Fees & Costs 8 6,518.94
i Total Debt S 147,324.86
i 1924584

Case 1 :07-cv-00762-JJF-I\/IPT Document 5 Filed O2/05/2008 Page 3 of 4 é
3. Within twenty (20) days of the entry of this Order, Company shall fully and
accurately complete and submit to the Funds any and all then outstanding remittance reports with p
all required information 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 its wage, payroll, and personnel records for all
periods for which Company is obligated to contribute to the Funds within twenty (20) days of a
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 attomeys’ fees and costs
incurred thereafter in connection with this case to enforce and collect this judgment. If any such i
further action by the Funds is required, they may apply to this Court or to the court in which
enforcement is sought for further reasonable attorneys’ fees and costs in addition to those set out
in ill above. See, 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 reporting and payment
obligations to the Funds under the terms ofthe collective bargaining agreements, Company, its
i 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 file
complete, proper and timely remittance reports with accompanying contributions for all periods l
for which Company is obligated to do so under the current and any future collective bargaining
agreement(s) to which it is bound.
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Case 1 :07-cv-00762-JJF-I\/IPT Document 5 Filed O2/05/2008 Page 4 of 4 J
7. This Consent Order and Judgment is subject to execution in any court of competent J
jurisdiction, and any and all terms of this Consent Order and Judgment may be enforced bythe i
Funds in any court of competent jurisdiction. J
8. If Company fails to comply with any of the terms of this Consent Order and
t Judgment, the Funds may, in addition to pursuing the remedies provided under Federal Rule of Q
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.
V ll. This Consent Order and Judgment is enforceable bythe Funds individually, singly
or jointly, or by their agent.
l2. The Clerk of the Court may immediately certify this Consent Order and
Judgment for transfer to other jurisdictions upon the request of the Funds and payment of any
required fee. -
i J BY THE COURT:
Date: By:
J.
United States District Judge
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