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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

TRUSTEES OF THE PLUMBERS LOCAL UNION NO. 1 WELFARE FUND et al v. TYREE SERVICE CORP. et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
1:13-cv-00332 Search Pacer
ACE Group party(s): 
Opposing Party: 
TRUSTEES OF THE PLUMBERS LOCAL UNION NO. 1 WELFARE FUND
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
Jan 18 2013

"FIRST CLAIM FOR RELIEF
17. Plaintiffs repeat the allegations set forth in paragraphs 1 through 16 above and incorporate them herein by reference.

18. Section 515 of ERISA provides: "Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement." 29 U.S.C. §1145.

19. Under the documents and instruments governing the Local 1 Funds, including their trust agreements and the collection policies promulgated in accordance therewith, employers whose contributions are delinquent are liable for the amount of the delinquent contributions, interest at the rate of 10% per annum, liquidated damages of 20% of the principal amount due, attorneys' fees, audit fees, and other collection costs.

20. Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), provides that, upon a finding that an employer violated section 515 of ERISA, 29 U.S.C. § 1145, the plan is entitled to judgment for the amount of delinquent contributions plus interest and liquidated damages at rates prescribed by the documents and instruments governing the plan, and the reasonable attorneys' fees and costs incurred by the plan in prosecuting the action.

21. By its failure to make contributions in the amount of $150,463.14 to the Local 1 Funds in connection with Covered Work performed during January through December 2010, Tyree Service contravened the CBAs, the documents and instruments governing the Local 1 Funds, and section 515 of ERISA, 29 U.S.C. § 1145.

22. Accordingly, Tyree Service is liable to the Local 1 Funds for delinquent contributions in the amount of $150,463.14, plus interest at the rate of 10% per annum, liquidated damages thereon of $37,003.04, audit costs of $6,360.00, attorneys' fees and costs, and other expenses incurred in connection with the collection procedures.

SECOND CLAIM FOR RELIEF

23. Plaintiffs repeat the allegations set forth in paragraphs 1 through 22 above and incorporate them herein by reference.

24. By its failure to make contributions in the estimated amount of $81,243.00 to the Local 1 Funds in connection with Covered Work performed during July 2011 through November 2012, Tyree Service contravened the CBAs, the documents and instruments governing the Local 1 Funds, and section 515 of ERISA, 29 U.S.C. § 1145.

25. Accordingly, Tyree Service is liable to the Local 1 Funds for delinquent contributions in the amount of $81,243.00, plus interest at the rate of 10% per annum, liquidated damages thereon, attorneys' fees and costs, and other expenses incurred in connection with the collection procedures.

THIRD CLAIM FOR RELIEF

26. Plaintiffs repeat the allegations set forth in paragraphs 1 through 25 above and incorporate them herein by reference.

27. Under the documents and instruments governing the National Funds, including their trust agreements and the collection policies promulgated in accordance herewith, employers whose contributions are delinquent are liable for the amount of the delinquent contributions, interest at the rate of twelve percent (12%) per annum, liquidated damages of twenty percent (20%) of the principal amount due, attorneys' fees, audit fees, and other collection costs.

28. By its failure to contribute an estimated amount of $20,116.96 to the National Funds in connection with Covered Work performed My 2011 through November 2012, Tyree Service contravened the CBA, the documents and instruments governing the National Funds, and section 515 of ERISA, 29 U.S.C. § 1145.

29. Accordingly, Tyree Service is liable to the National Funds for contributions in the estimated amount of $20,116.96 for July 2011 through November 2012, plus interest thereon at the rate of 12% per annum, liquidated damages thereon, attorneys' fees, and other expenses incurred in connection with the collection procedures.

FOURTH CLAIM FOR RELIEF

30. Plaintiffs repeat the allegations set forth in paragraphs 1 through 29 above and incorporate them herein by reference.

31. For contributions owed for Covered Work performed during the period prior to July 2011, Tyree Service failed to remit contributions to the Local 1 Funds within the 20 days following the end of the month in which the Covered Work was performed. Under the CBAs, trust agreements and collection policies promulgated in accordance therewith, Tyree Service owes interest at the rate of 10% per annum, liquidated damages of 20% of the amount of such late contributions to be paid, and attorney's fees and costs incurred by the Local 1 Funds in collecting the delinquent contributions.

32. Accordingly, Tyree Service is liable for interest of $2,925.00, liquidated damages of $12,088.00, and attorney's fees of $1,309.00.

FIFTH CLAIM FOR RELIEF

33. Plaintiffs repeat the allegations set forth in paragraphs 1 through 32 above and incorporate them herein by reference.

34. By its failure to contribute an unknown amount to the NPF and ITF in connection with Covered Work performed in the jurisdiction of Plumber's Local Union No. 200 during the period March 2012 through the present, Tyree Service contravened the CBA, the documents and instruments governing the Funds, and section 515 of ERISA, 29 U.S.C. § 1145.

35. Accordingly, Tyree Service is liable to the NPF and ITF for delinquent contributions of an unknown amount for the period March 2012 through the present, plus interest accrued thereon, liquidated damages thereon, attorneys' fees, and other expenses incurred in connection with the collection procedures.

SIXTH CLAIM FOR RELIEF

36. Plaintiffs repeat the allegations set forth in paragraphs 1 through 35 above and incorporate them herein by reference.

37. On or about September 26, 2008, Defendant Westchester Fire issued Bond No. K08107865 (the "Benefits Bond") to Plaintiffs for the penal sum of $85,000.00. By issuing the Benefits Bond, Westchester Fire undertook an obligation to pay any and all contributions, plus interest and lost earnings thereon, to the Plaintiffs required by the CBA, up to the penal sum of $85,000.00, unless Tyree Service made those contributions.

38. As a result of Tyree Service's failure to make contributions to the Plaintiffs as required by the CBA, Defendant Westchester Fire is liable to the Funds for contributions, interest and lost earnings of up to $85,000.00.

WHEREFORE, Plaintiffs respectfully request that this Court:
(1) Render judgment in favor of Plaintiffs Local 1 Funds against Defendant Tyree Service in the amount of $150,463.14 plus interest accrued through the date of judgment, liquidated damages of $25,595.93, interest of $37,003.04, and audit costs of $6,360.80 for the work performed January through December, 2010;
(2) Render judgment in favor of Plaintiffs Local 1 Funds against Defendant Tyree Service in the estimated amount of $81,243.00 plus interest accrued through the date of judgment and liquidated damages on the estimated contributions of the period of June 2011 through November 2012;
(3) Render judgment in favor of Plaintiffs NPF and ITF against Defendant Tyree Service in the estimated amount of $20,116.96 plus interest accrued through the date of judgment and liquidated damages on the estimated contributions of the period of June 2011 through November 2012;
(4) Render judgment in favor of Plaintiffs Local 1 Funds against Defendant Tyree Service in the amount of $16,322 due to its failure to timely remit contributions during the period prior to July 2011;
(5) Render judgment in favor of Plaintiffs NPF and ITF against Defendant Tyree Service of an unknown amount plus interest accrued through the date of judgment and liquidated damages for work performed in the Local 200 jurisdiction March 2012 through November 2012;
(6) Render judgment in favor of Plaintiffs against Defendant Westchester Fire for contributions and interest of $85,000.00;
(7) Award Plaintiffs the reasonable attorneys' fees, costs, and expenses incurred by them in prosecuting this action; and
(8) Award Plaintiffs such further legal, equitable, or other relief as is just and proper."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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