SETTLEMENT STIPULATION AND ORDER, by and between the attorney for the plaintiffs and the attorney for the defendants, all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above- entitled action is settled upon the following terms and conditions: Defendant Prexision Testing & Balancing, Inc., agree that it owes to plaintiffs contributions of : $79,587.45 to the Street Metal Workers' National Pension Fund; $334.80 to the National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry; $223.21 to the Sheet Metal Occupational Health Institute Trust; $1,339.32 to the International Training Institute for the Metal and Air Conditional Industry; and $28,515.22 to the National Stabilization Agreement Of the Sheet Metal Industry Fund, said contributions amount to $110,000.00. Defendant Precision Testing & Balancing, Inc., agrees that it owes to plaintiffs late fees of: $4,558.11 to the Sheet Metal Workers' National Pension Fund; $24.89 to the National Energy Management Institute Committee for the Sheet and Air Conditioning Industry; $17.50 to the Sheet Metal Occupational Health Institute Trust: $84.27 to the International Training Institute for the Sheet Metal and Air Conditioning Industry Fund, said liquidated damage amounts to $4,684.77. Provided that defendants are not in default under this agreement. (Signed by Judge Harold Baer on 8/14/2007) (jmi)
No tags have been applied so far. Sign in to add some.
ELECTRONICALLY FILED ie 04 20 01
DOC #: 4 oF 5 R
. HAROLD B.
DATE FILED: %, U L U.S. DISTRICT Mode
S. D. N.Y. |
Jeffrey S. Dubin D-0446)
Atromey for Plaintiffs
464 New York Avenue
Suite 100
Huntington, New York 11743
631.351.0300
631.351.1900 FAX
DubinJS@cs.com
UNITED STATES DISTRICT COURT |
SOUTHERN DISTRICT OF NEW YORK
vepceecssantectensereeentacesaneccesesecatanenencaetia x CIVIL ACTION NO.
SHEET METAL WORKERS' NATIONAL 07 CV 03530 (HB/DCF)
PENSION FUND; NATIONAL ENERGY ECF CASE
MANAGEMENT INSTITUTE COMMITTEE
FOR THE SHEET METAL AND AIR
CONDITIONING INDUSTRY; SHEET METAL
OCCUPATIONAL HEALTH INSTITUTE SETTLEMENT STIPULATION
TRUST; INTERNATIONAL TRAINING AND ORDER
INSTITUTE FOR THE SHEET METAL AND
AIR CONDITIONING INDUSTRY; and
NATIONAL STABILIZATION AGREEMENT
OF THE SHEET METAL INDUSTRY FUND,
Plainciffs,
-against-
PRECISION TESTING & BALANCING, INC. ,
and FRED BROMBERG, as an individual, and
LOUIS BROMBERG, as an individual,
Defendants.
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ITIS HEREBY STIPULATED AND AGREED, by and betweeh the attorney for che
|Page 2 Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page2of5
plaintiffs and the attorney for the defendants, all the parties to the above entitled action, that
whereas no party hereto is an infant or incompetent person for whom a committee has been
appointed and no person not a party has an incerest in the subject matter of the action, the
above entitled action is settled upon the following terms and conditions:
1. Defendant Precision Testing & Balancing, Inc., agrees thanit owes to plaintiffs
contributions of: $79,587.45 to che Sheet Metal Workers’ National Pension Fund; $334.80
to the National Energy Management Institute Commictee for the Shket Metal and Air
Canditioning Industry; $223.21 to the Sheet Mecal Occupational Health Institute Trust;
$1,339.32 ro che International Training Institute for the Sheet Metal ani Air Conditioning
Industry; and $28,515.22 to the Nationa! Stabilization Agreemenr Of the Sheer Meral
Industry Fund, said contributions amount to $110,000.00.
2. Defendant Precision Testing & Balancing, Inc., agrees that it owes to plaintiffs
lare fees of: $4,558.11 co rhe Sheet Mecal Workers’ National Pension Fund; $24.89 to the
National Energy Management Institute Commitree for che Sheet Metal and Air Condition-
ing Industry; $17.50 to the Sheet Metal Occupational Health Institute trust: $84.27 to the
International Training Institute for the Sheec Meral and Air Conditioning Induscry; and
$0.00 cto the Nacional Stabilization Agreement Of the Sheet Meral Shdustr Fund, said
liquidared damage amounts to $4,684.77. Provided chat defendants are not in default under
Page Number -2-Page 3 Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page3of5
this agreement, the late fees shall be held in abeyance, provided further char if the
defendants, or any of chem, fail to make timely contributions to che plaintiffs, or any of them,
and if the plaintiifs, or any of them are required co bring a legal action against the defendants,
or any of them, regarding such contributions, then the plaintiffs, or any pf them, shall assert
a claim for said late fees in that action.
3. Defendant Precision Testing & Balancing, Inc., shall pay the sum on or before
August 3, 2007. Payment shall be made by good check, payable to Jefftey 5. Dubin, as
atromey, and sent co Jeffrey S. Dubin, Esq., 464 New York Avenue, Suite 100, Hunzington,
New York 11743.
4, Default by defendanzs is defined as che failure to make any required payment
in full on irs due date. Default is furcher defined as the dishonor of any check rendered as
payment hereunder.
5. Upon default by defendant Precision Testing & Balancing, Inc., defendant
Precision Testing & Balancing, Inc., consents to the entry of a judgment against ic, joincly
and severally, without further notice, in the amount of $159,850.72, plu interest of 8.5% per
annum, and attorney's fees and costs, all as provided for by the Employe¢ Retiremenc Income
Securicy Act (ERISA), 79 U.S.C., § 1001, et seq., from the dare che payment was due. less
any amounts paid hereunder, in the United States District Court for the Eastern District of
Page Number -3-Page 4 Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page4of5
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New York. |
6. Plaintiffs agree that upon payment in full hereunder, plaintiffs’ attorney shall
Court.
forchwith prepare a Release of defendants, and file a discontinuance of this action with the
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7. Either party may, without notice, submit chis Agreement td the Court to be “so
ordered."
8.‘ The parties agree that the defendants have entered into chib Stipulation for che
purpose of resolving plaintiffs’ claims without protracted litigation. The parties further agree
that rhis Stipulation is made without prejudice to the parties’ rights and dbfenses in any other
matters or disputes between the parties, or between either of the parties ahd any third parties.
9. This Stipulation covers contributions due for the period of March 1, 2000
through May 31, 2007 for che National Srabilization Agreement Of the Sheet Mecal Industry
Fund, and for che period of October 1, 2003 through May 31, 2007 for the other plaintiffs.
The parties agree chat if at any time in che fucure, an audit of the payroll records of the
defendants reveal that additional amounts of contributions chan are provided for by chis
Secclement Stipulation, were due for che time period covered by chis Sertlement Stipulation,
the plaintiffs may seek to collect said additional contributions and may file suit to recover
same.
Page Number -4-Page 5 Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page5of5
10, The parcies agree that if at any time in che future, an atidit of the payroll
records of the defendanes reveal that lesser amounts of contributions thdn are provided for
by this Setclement Stipulation, were due for che time period covered by chis Setdlement
|
Stipulation, the defendants may seek to collect said overpayments and may file suit to
Tecover the same. |
|
11. The parties agree that ifat any time in the fucure, the defendants report ro the
plaintiffs additional hours of covered employment that occurred dri the time period
covered by this Settlement Stipulation, che plainciffs may seek co collec the contributions
that are due for such additional hours, plus any interest, penalties and accokney's fees and may
file suit to recover che same.
Dated: Huntington, New York
July 23, 2007
BIN (]D-0446)
Actomey for Defendant omey for Plaintiffs
Suite 1203 Suite 100
225 Broadway 464 New York Avenue
New York, New York 10007
212.732.3435
212.233.0818 FAX
Huntington, New York 11743
631.351.0300
PDF Page 1
PlainSite Cover Page
PDF Page 2
USDS SDNY
| knee
BOC OAMAENPBS30-HB = Docujpent ECR Yo 5
ELECTRONICALLY FILED ie 04 20 01
DOC #: 4 oF 5 R
. HAROLD B.
DATE FILED: %, U L U.S. DISTRICT Mode
S. D. N.Y. |
Jeffrey S. Dubin D-0446)
Atromey for Plaintiffs
464 New York Avenue
Suite 100
Huntington, New York 11743
631.351.0300
631.351.1900 FAX
DubinJS@cs.com
UNITED STATES DISTRICT COURT |
SOUTHERN DISTRICT OF NEW YORK
vepceecssantectensereeentacesaneccesesecatanenencaetia x CIVIL ACTION NO.
SHEET METAL WORKERS' NATIONAL 07 CV 03530 (HB/DCF)
PENSION FUND; NATIONAL ENERGY ECF CASE
MANAGEMENT INSTITUTE COMMITTEE
FOR THE SHEET METAL AND AIR
CONDITIONING INDUSTRY; SHEET METAL
OCCUPATIONAL HEALTH INSTITUTE SETTLEMENT STIPULATION
TRUST; INTERNATIONAL TRAINING AND ORDER
INSTITUTE FOR THE SHEET METAL AND
AIR CONDITIONING INDUSTRY; and
NATIONAL STABILIZATION AGREEMENT
OF THE SHEET METAL INDUSTRY FUND,
Plainciffs,
-against-
PRECISION TESTING & BALANCING, INC. ,
and FRED BROMBERG, as an individual, and
LOUIS BROMBERG, as an individual,
Defendants.
|
|
|
ITIS HEREBY STIPULATED AND AGREED, by and betweeh the attorney for che
|
PDF Page 3
Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page2of5
plaintiffs and the attorney for the defendants, all the parties to the above entitled action, that
whereas no party hereto is an infant or incompetent person for whom a committee has been
appointed and no person not a party has an incerest in the subject matter of the action, the
above entitled action is settled upon the following terms and conditions:
1. Defendant Precision Testing & Balancing, Inc., agrees thanit owes to plaintiffs
contributions of: $79,587.45 to che Sheet Metal Workers’ National Pension Fund; $334.80
to the National Energy Management Institute Commictee for the Shket Metal and Air
Canditioning Industry; $223.21 to the Sheet Mecal Occupational Health Institute Trust;
$1,339.32 ro che International Training Institute for the Sheet Metal ani Air Conditioning
Industry; and $28,515.22 to the Nationa! Stabilization Agreemenr Of the Sheer Meral
Industry Fund, said contributions amount to $110,000.00.
2. Defendant Precision Testing & Balancing, Inc., agrees that it owes to plaintiffs
lare fees of: $4,558.11 co rhe Sheet Mecal Workers’ National Pension Fund; $24.89 to the
National Energy Management Institute Commitree for che Sheet Metal and Air Condition-
ing Industry; $17.50 to the Sheet Metal Occupational Health Institute trust: $84.27 to the
International Training Institute for the Sheec Meral and Air Conditioning Induscry; and
$0.00 cto the Nacional Stabilization Agreement Of the Sheet Meral Shdustr Fund, said
liquidared damage amounts to $4,684.77. Provided chat defendants are not in default under
Page Number -2-
PDF Page 4
Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page3of5
this agreement, the late fees shall be held in abeyance, provided further char if the
defendants, or any of chem, fail to make timely contributions to che plaintiffs, or any of them,
and if the plaintiifs, or any of them are required co bring a legal action against the defendants,
or any of them, regarding such contributions, then the plaintiffs, or any pf them, shall assert
a claim for said late fees in that action.
3. Defendant Precision Testing & Balancing, Inc., shall pay the sum on or before
August 3, 2007. Payment shall be made by good check, payable to Jefftey 5. Dubin, as
atromey, and sent co Jeffrey S. Dubin, Esq., 464 New York Avenue, Suite 100, Hunzington,
New York 11743.
4, Default by defendanzs is defined as che failure to make any required payment
in full on irs due date. Default is furcher defined as the dishonor of any check rendered as
payment hereunder.
5. Upon default by defendant Precision Testing & Balancing, Inc., defendant
Precision Testing & Balancing, Inc., consents to the entry of a judgment against ic, joincly
and severally, without further notice, in the amount of $159,850.72, plu interest of 8.5% per
annum, and attorney's fees and costs, all as provided for by the Employe¢ Retiremenc Income
Securicy Act (ERISA), 79 U.S.C., § 1001, et seq., from the dare che payment was due. less
any amounts paid hereunder, in the United States District Court for the Eastern District of
Page Number -3-
PDF Page 5
Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page4of5
|
|
"
|
New York. |
6. Plaintiffs agree that upon payment in full hereunder, plaintiffs’ attorney shall
Court.
forchwith prepare a Release of defendants, and file a discontinuance of this action with the
|
|
|
7. Either party may, without notice, submit chis Agreement td the Court to be “so
ordered."
8.‘ The parties agree that the defendants have entered into chib Stipulation for che
purpose of resolving plaintiffs’ claims without protracted litigation. The parties further agree
that rhis Stipulation is made without prejudice to the parties’ rights and dbfenses in any other
matters or disputes between the parties, or between either of the parties ahd any third parties.
9. This Stipulation covers contributions due for the period of March 1, 2000
through May 31, 2007 for che National Srabilization Agreement Of the Sheet Mecal Industry
Fund, and for che period of October 1, 2003 through May 31, 2007 for the other plaintiffs.
The parties agree chat if at any time in che fucure, an audit of the payroll records of the
defendants reveal that additional amounts of contributions chan are provided for by chis
Secclement Stipulation, were due for che time period covered by chis Sertlement Stipulation,
the plaintiffs may seek to collect said additional contributions and may file suit to recover
same.
Page Number -4-
PDF Page 6
Case 1:07-cv-03530-HB Document9 Filed 08/14/2007 Page5of5
10, The parcies agree that if at any time in che future, an atidit of the payroll
records of the defendanes reveal that lesser amounts of contributions thdn are provided for
by this Setclement Stipulation, were due for che time period covered by chis Setdlement
|
Stipulation, the defendants may seek to collect said overpayments and may file suit to
Tecover the same. |
|
11. The parties agree that ifat any time in the fucure, the defendants report ro the
plaintiffs additional hours of covered employment that occurred dri the time period
covered by this Settlement Stipulation, che plainciffs may seek co collec the contributions
that are due for such additional hours, plus any interest, penalties and accokney's fees and may
file suit to recover che same.
Dated: Huntington, New York
July 23, 2007
BIN (]D-0446)
Actomey for Defendant omey for Plaintiffs
Suite 1203 Suite 100
225 Broadway 464 New York Avenue
New York, New York 10007
212.732.3435
212.233.0818 FAX
Huntington, New York 11743
631.351.0300