Demopoulos et al v. Barrett et al

Filing 21

CONSENT JUDGMENT: NOW THEREFORE, upon the pleadings and proceedings herein, and the mutual agreement of the parties to a settlement of the controversy, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: Defendants shall submit to the arbitration of t he question: Whether the Local 854 Pension Fund should continue refusing to accept any Cousins Metals Industries, Inc. contributions for all periods after Local 553, I.B.T.'s June 28, 2022 disclaimer (which is the only question that this judgmen t requires to be submitted to arbitration); and Defendants shall authorize the Fund Administrator to pay the American Arbitration Associations initial $3,500.00 filing fee and shall comply with the terms of the Trust Agreement for the payment o f all subsequent costs of the arbitration in accordance with the terms therein; and That the Court shall retain jurisdiction over this action in the event that there is any dispute between the parties over the implementation of the terms of this Judgment IN WITNESS WHEREOF, the parties, by their respective counsels, hereto knowingly and voluntarily executed this Consent Judgment as of the date(s) set forth below: SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 9/25/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
DEMOS P. DEMOPOULOS and RALPH BLASI, *
as Union Trustees and Fiduciaries
*
of the LOCAL 854 PENSION FUND,
*
*
Plaintiffs,
*
*
- against *
*
KENNETH BARRETT, WILLIAM CASSESE,
*
and JOHN A. CURCIO, as Employer Trustees
*
and Fiduciaries of the LOCAL 854 PENSION
*
FUND,
*
*
Defendants.
*
---------------------------------------------------------------X

1:24-cv-00145 (JW)

CONSENT JUDGMENT
Plaintiffs, the Union Trustees and Fiduciaries (the “Plaintiffs”) of the Local 854
Pension Fund (the “Fund”), and the Defendants, the Employer Trustees and Fiduciaries of the
Fund (the “Defendants”), hereby agree, by their respective counsels, to the terms of this Consent
Judgment.
NOW THEREFORE, upon the pleadings and proceedings herein, and the mutual
agreement of the parties to a settlement of the controversy,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Defendants shall submit to the arbitration of the question: Whether the Local 854
Pension Fund should continue refusing to accept any Cousins Metals Industries, Inc.
contributions for all periods after Local 553, I.B.T.'s June 28, 2022 disclaimer (which is the only
question that this judgment requires to be submitted to arbitration); and
Defendants shall authorize the Fund Administrator to pay the American
Arbitration Association’s initial $3,500.00 filing fee and shall comply with the terms of the Trust

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Agreement for the payment of all subsequent costs of the arbitration in accordance with the
terms therein; and
That the Court shall retain jurisdiction over this action in the event that there is
any dispute between the parties over the implementation of the terms of this Judgment

IN WITNESS WHEREOF, the parties, by their respective counsels, hereto
knowingly and voluntarily executed this Consent Judgment as of the date(s) set forth below:

For the Plaintiffs:

For the Defendants:

_______________________
Daniel Treiman, Esq.
FRIEDMAN & ANSPACH
1500 Broadway, Suite 2300
New York, New York 10036
Tel.: [phone]
[e-mail]

_______________________
Lauren Bonaguro, Esq.
FUIMAN MOGILA, LLP
5 Penn Plaza, 23rd Floor
New York, New York 10001
[phone]
[e-mail]

SO ORDERED,
Dated: September 25, 2024
New York, New York

_______________________________
Hon. Jennifer E. Willis
U.S. Magistrate Judge

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