PHILADELPHIA – A California employer is alleged to have failed to timely make contributions to multi-employer benefit plans based in Newtown Square.

Trustees of the National Elevator Industry Pension, Health Benefit, Educational, Elevator Industry Work Preservation Funds, Elevator Constructors Annuity and 401(k) Retirement Plan filed a complaint on March 5 in the U.S. District Court for the Eastern District of Pennsylvania against Southcoast Elevator & Escalator Co. Inc. and Michael Barnum citing the Employee Retirement Income Security Act.

According to the complaint, Southcoast Elevator & Escalator entered into a bargaining agreement with the International Union of Elevator Constructors in January 2016. The plaintiff alleges Southcoast Elevator & Escalator's contributions for August 2016 to August 2017 are late.

The plaintiff seeks $53,011.02 in contributions plus interest; $471,560.99 in estimated contributions due for September 2016 to August 2017; liquidated damages of $104,914.40; court costs; interest; and any further relief the court grants. It is represented by Robert P. Curley and David D. Capuano of O'Donoghue & O'Donoghue LLP in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:18-cv-00971-PD

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U.S. District Court for the Eastern District of Pennsylvania




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