Service Employees International Union National Industry Pension Fund et al v. Sanders Building Services, Inc. et al

Filing 16

CONSENT JUDGMENT. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SERVICE EMPLOYEES INTERNATIONAL
UNION NATIONAL INDUSTRY PENSION FUND,
and
STEPHEN ABRECHT, RODERICK S. BASHIR,
CHRISTOPHER BOUVIER, KEVIN J. DOYLE,
DAVID A. STILWELL, THOMAS LaMARTINA,
FRANK A. MAXSON, EDWARD J. MANKO,
JOHN J. SHERIDAN, and MYRIAM ESCAMILLA,
TRUSTEES OF THE SERVICE EMPLOYEES
INTERNATIONAL UNION NATIONAL INDUSTRY
PENSION FUND,

Case No. 15-11999
Honorable David M. Lawson

Plaintiffs,
v.
SANDERS BUILDING SERVICES, INC., and
SANDERS BUSINESS SERVICES, INC.,
Defendants.
____________________________________________/
CONSENT JUDGMENT
It is hereby ORDERED AND ADJUDGED that the defendants are jointly and severally
liable to the plaintiffs as follows:
1.

The defendants shall pay $45,000.00 (the “Settlement Amount”) to the Fund in full

and final settlement of all monies owed to the Fund for Site 2608 and Site 2609 for the months of
April 2008 through June 2015. Payment is to be made as follows: Within fifteen (15) days of the
Effective Date, Sanders shall pay, or cause to be paid, to the Fund the amount of $5,000.00 in a lump
sum settlement payment, followed by twenty (20) monthly installments of $2,000.00 each, due on
or before fifteenth day of the month following the month in which the initial $5,000.00 payment is
made. Settlement checks shall be made payable to SEIU National Industry Pension Fund, and shall

be sent to the attention of Matthew D. Watts, at Mooney, Green, Saindon, Murphy & Welch, P.C.,
1920 L Street, N.W., Suite 400, Washington, D.C. 20036.
2.

If Sanders fails to make any payment required under the payment plan in a timely

manner or if any payment is denied by reason of insufficient available funds, Sanders shall be
immediately liable to the Fund for the full Total Amount Due of $58,303.56 (which is for
contributions, interest, liquidated damages, attorneys' fees and costs due for Site 2608 for the period
of May 2009 through June 2015 and Site 2609 for the period of April 2008 through May 2011), plus
additional interest that shall accrue on any unpaid amounts at the rate of 10% per annum during
periods of non-payment and/or default (to be determined by the Fund), less payments made over the
course of the above payment plan. The parties further agree that the amounts due shall be
considered delinquent contributions under Section 515 of ERISA and that the Fund is entitled to
recover all of the fees and costs that it may incur in any subsequent collection action.
3.

Sanders shall grant to the Fund a security interest in Sanders’s goods, inventory,

chattel paper, accounts, inventory, equipment, monies, deposit accounts, rights to any payments and
proceeds, and other intangibles. The Fund shall be responsible for filing a Uniform Commercial
Code (“UCC”) statement pertaining to this security interest. The security interest shall remain in
effect so long as the Settlement Amount (or Total Amount Due, if applicable) remains unpaid.
4.

The Court retains jurisdiction to enforce this Judgment.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: March 3, 2016

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PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on March 3, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

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