The Trustees of the Iron Workers Local Union No. 5 and Iron Workers Employers Association, Employees Pension Trust and CBO Glass have jointly filed a stipulation for dismissal of a case in which the Trustees alleged that CBO had failed to pay the Trustees of the Iron Workers Local Union No. 5 and Iron Workers Employees Association. According to court documents, the Trustees had claimed that CBO failed to make payments to the group from November 2011 to March 2012 for a total of about $157,000 in the suit, filed last May.
The newly filed stipulation does not provide details on the closure of the case, but notes that each party will bear its own costs and attorneys’ fees. The two previously had advised the U.S. District Court for the District of Maryland that they were in settlement negotiations and requested to reschedule a court-scheduled settlement conference for February 1.
“ … the parties have been actively engaged in settlement negotiations on their own and are optimistic that they can reach an agreement without the necessity and expense of a settlement conference,” wrote the parties in a joint motion.
This is one of two cases that has been pending against CBO Glass, the assets of which were acquired by Quebec-based Gamma International last August. Last March, the International Painters and Allied Trades Industry Pension Fund filed suit against the company and two of its officials, Gilbert DiMaio, president and CEO, and Paul F. Hogan, principal, alleging that they “failed to pay amounts due under the Labor Contracts, Trust Agreements and Plan.” The court has not yet ruled on a motion to dismiss filed by DiMaio and Hogan last summer.
Counsel for neither the Trustees nor CBO had responded to requests for comment on the settlement at press time.
