Free Motion for Default Judgment - District Court of Delaware - Delaware


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Date: March 16, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-00275-SLR

Document 7-5

Filed 03/16/2005

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ____________________________________________ INTERNATIONAL ASSOCIATION OF HEAT : AND FROST INSULATORS AND ASBESTOS : WORKERS, LOCAL UNION NO. 42 : : ASBESTOS WORKERS UNION NO. 42 : WELFARE FUND : CIVIL ACTION : NO. 04-275(SLR) ASBESTOS WORKERS UNION NO. 42 : PENSION FUND : : and : : ASBESTOS WORKERS : UNION NO. 42 APPRENTICESHIP FUND : : v. : : SUPERIOR MECHANICAL SERVICES :

CERTIFICATION OF COUNSEL 1. Plaintiffs filed a complaint in this matter on April 30, 2004 to recover unpaid

employee benefit fund contributions, interest liquidated damages, and deducted dues and other assessments from the Defendant and to compel an audit of Defendant's payroll records to determine the actual amount of the contribution delinquencies to the Plaintiffs. 2. Defendant Superior Mechanical Service was served via Alias Summons upon its

Registered Agent for Service on September 15, 2004. 3. Defendant has failed to respond to the complaint within the time prescribed by

Rule 12(a) of the Federal Rules of Civil Procedure. 4. Defendant has failed and refused to remit contributions and payroll reports and

has further failed to adhere to the Decision of the Asbestos Workers Local Union 42 and Employers Joint Trade Board. 5. annually. 6. Liquidated damages (late charges) are calculated at the amount of ten (10) percent Interest on delinquent contributions are calculated at a rate of ten percent (10%)

of delinquent contributions more than 10 days late.

Case 1:04-cv-00275-SLR 7.

Document 7-5

Filed 03/16/2005

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Because Defendant refused to file timely contribution reports for the delinquent

period, Plaintiffs request the opportunity to conduct an audit of Defendant's books to determine the total amount of contributions, wages and penalties which are due and owing by Defendant. 8. Counsel for Plaintiffs, David A. Gaudioso, has spent a total of 10.4 hours in

connection with this matter, including telephone conversations with Plaintiffs, legal research, the drafting various pleadings, and other court communications, and attendance at various hearings. 9. The usual and customary fee for such services rendered is $140.00 per hour and

accordingly, the attorney's fees for David A. Gaudioso are $1,456.00. 10. Plaintiffs have also expended $150.00 for filing costs and $136.00 in service fees

pertaining to this matter. 11. Accordingly, Plaintiffs request that this Honorable Court grant judgment against

Superior Mechanical Service and in favor of the Plaintiffs as more fully described in the proposed Order. Dated: March 16, 2005 Respectfully submitted,

BY: /s/ Christopher D. Loizides Christopher D. Loizides (Del. Bar No. 3968) LOIZIDES & ASSOCIATES 1225 King Street, Suite 800 Wilmington, DE 19801 Telephone: (302) 654-0248 Facsimile: (302) 654-0728 E-mail: [email protected] and David A. Gaudioso, Esquire MERANZE AND KATZ, P.C. 121 South Broad Street, 13th Floor Philadelphia, PA 19107 Telephone: (215) 546-4183 Facsimile: (215) 790-1382 E-mail: [email protected] Attorney for Plaintiffs