Free Default Judgment - District Court of Delaware - Delaware

. . Case 1 :05-cv-00050-SLR Document 10 Filed 08/O3/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PLUMBERS AND PIPEFITTERS LOCAL : CIVIL ACTION
UNION NO. 74 ANNUITY FUND, et al. :
Plaintiffs
AMERICAN MECHANICAL, INC.
Defendant NO.: 05-050 (SLR)
ORDER AND JUDGMENT BY DEFAULT AGAINST
DEF ENDANT, AMERICAN MECHANICAL, INC.
Upon consideration of the Complaint and Motion for Entry of Judgment by Default of the
Plaintiffs, Plumbers and Pipefitters Local Union No. 74 Annuity Fund, Plumbers and Pipefitters
Local No. 74 Health and Welfare Trust Fund, Plumbers and Pipefitters Local Union No. 74
Pension Fund (formerly the Pipefitters Local Union No. 80 Employers Joint Pension Trust Fund),
Plumbers and Pipefitters Local No. 74 Apprenticeship Fund, Pipeiitters Local Union No. 74
Educational/PAC Fund, (respectively, "Annuity Fund", "Welfare Fund", “Pension Fund",
"Apprenticeship Fund", "Education/PAC Fund", and, collectively, "Funds"), and Local Union
No. 74 of the United Association of J ourneymen and Apprentices of the Plumbing and
Pipefitting Industry of the United States and Canada, AFL—CIO (“Union" and together with
Funds, “Plaintiffs"), Defendant, American Mechanical, Inc. ("Defendant" or “Company") was
served with process on Febnuary 15, 2005, and has inexcusably, knowingly and willfully failed to
appear, plead or otherwise defend, and the default against said Defendant having been entered, it
is ORDERED:
I. Judgment is entered against Defendant and in favor of Plaintiffs in the total
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amount of $166,730.54 as itemized as follows:
(a) Unpaid contributions in the amount of $108,437.77 under 29 U.S.C.
§l 132(g)(2) and l85(a) for the period July 2003 through January 2005.
(b) Interest on the unpaid contributions set out in ‘lll(a) above through June 30,
2005 in the amount of` $23,903.46.
(c) Liquidated damages in the amount of $25,770.40 on the unpaid
contributions and the contributions paid late in the period December 2003 through February 2005
as provided for in 29 U.S.C. §l132(g)(2).
(d) Attomeys’ fees in the amount of $8,618.91 incurred through June 30, 2005
pursuant to 29 U.S.C. §1 l32(g)(2)(D).
2. ORDERED that within ten (10) days from the entry of this Order, Company shall
submit to the Funds all outstanding remittance reports and contributions for March 2005 to the
date of submission.
3. ORDERED that Defendant, its owners, officers, agents, servant, attorneys, 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).
4. ORDERED that the Funds shall have t.he right to conduct a further audit of
Company’s books and records for all relevant periods, including the time period from January 2005
through the date of the 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
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restrained and enjoined hom 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 rules and regulations of the Funds, ERISA and applicable law.
5. If further action by Plaintiffs to enforce this judgment is required, Plaintiffs may apply
to this Court or to the Court in which enforcement is sought for further reasonable attomeys’ fees
and costs in addition to those set out in ‘[|l(d) above.
6. Plaintiffs may apply to this Court or to the Court in which enforcement is sought for
additional interest on the unpaid contributions set out in ‘lll(a) above which shall accrue under 29
U.S.C. §l l32(g)(2)(C)(i) and 26 U.S.C. §6621 from June 30, 2005 until the date they are paid.
BY THE COURT
DATE: Xl?) l05 €\ `
SUE L. ROBIN N, J.
United States District Court
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