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 A
WELFARE FUND : CIVIL ACTION
: NO. O4-275(SLR)
ASBESTOS WORKERS UNION NO. 42 :
PENSION FUND . :
and
ASBESTOS WORKERS
UNION NO. 42 APPRENTICESHIP FUND :
SUPERIOR MECHANICAL SERVICES F
CERTIFICATION OF COUNSEL
1. Plaintiffs filed a complaint in thismatter 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. Interest on delinquent contributions are calculated at a rate of ten percent (10%)
annually.
6. Liquidated damages (late charges) are calculated at the amount of ten (10) percent
of delinquent contributions more than l0 days late.
Case 1:04-cv—O0275-SLR Document 9-5 Filed O3/22/2006 Page 2 of 2
7. 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
l the total amount of contributions, wages and penalties which are due and owing by Defendant. I
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.
Respectfully submitted,
LOIZIDES & ASSOCIATES
BY; . q ,,.... ‘‘‘i Q _,,__... . .rAr— · r··’’’
Christop ’ .»· Loizi es Bar No. 3968)
LOI .5** & ASSO il A-?
1 ing Street, I,
Wilmington, DE 1, it
Telephone: (302) 654-0248
Dated: March 22, 2006 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: dag@meranzel
060321172O56.d0c 2
Case 1:04-cv-00275-SLR
Document 9-5
Filed 03/22/2006
Page 1 of 2
Case 1:04-cv-00275-SLR
Document 9-5
Filed 03/22/2006
Page 2 of 2
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms