UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

BRICKLAYERS PENSION TRUST FUND -

METROPOLITAN AREA, Trustees of; et al,

Plaintiffs,

v. Case No. 09-10525

HON. PATRICK J. DUGGAN

DESANTIS CONSTRUCTION CO., INC.,

Defendant.

_______________________________________________/

STIPULATION TO CONSENT ORDER 

(i) DISMISSING CASE WITHOUT

PREJUDICE, AND (ii) SETTING PROCEDURES FOR

RE-OPENING OF CASE AND ENTRY OF CONSENT JUDGMENT

The undersigned hereby stipulate to the entry of the attached Order (i) Dismissing Case

Without Prejudice, and (ii) Setting Procedures for Re-Opening of Case and Entry of Consent

Judgment. 

STIPULATED AND AGREED TO:

SACHS WALDMAN, SWISTAK & LEVINE, PC 

PROFESSIONAL CORPORATION

/s/ George H. Kruszewski /s/ Michael P. Swistak w perm. GHK 

GEORGE H. KRUSZEWSKI (P25857) MICHAEL P. SWISTAK (P-71857)

Attorneys for Plaintiffs Attorneys for Defendant

1000 Farmer St. 30445 Northwestern Highway, Suite 140

Detroit, MI 48226 Farmington Hills, MI 48334 

(313) 965-3464 Telephone (248) 851-8000 

gkruszewski@sachswaldman.com Email: mswistak@swistaklevine.com

(P-27695)

Dated: November 6, 2009

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Trustees of the 

BRICKLAYERS PENSION TRUST FUND – 

METROPOLITAN AREA; BRICKLAYERS 

AND TROWEL TRADES INTERNATIONAL 

PENSION FUND; BRICKLAYERS & TROWEL 

TRADES INTERNATIONAL RETIREMENT 

SAVINGS PLAN; BRICKLAYERS HOLIDAY 

TRUST FUND, METROPOLITAN AREA; TROWEL 

TRADES HEALTH AND WELFARE FUND – 

DETROIT AND VICINITY; BRICKLAYERS 

INTERNATIONAL MASONRY INSTITUTE; 

DETROIT METROPOLITAN MASONRY 

JOINT APPRENTICESHIP & TRAINING COMMITTEE; 

and the LABOR-MANAGEMENT COOPERATION COMMITTEE; 

trust funds established under, and administered pursuant to, federal law, 

Plaintiffs, 

v. Case No. 09-10525

HON. PATRICK J. DUGGAN

DESANTIS CONSTRUCTION CO., INC.,

Defendant.

_______________________________________________/

CONSENT ORDER 

(i) DISMISSING CASE WITHOUT PREJUDICE AND 

(ii) SETTING PROCEDURES FOR

RE-OPENING OF CASE AND ENTRY OF CONSENT JUDGMENT

Plaintiffs and Defendants having entered into a Settlement Agreement, and having consented

to the entry of this Order; and the Court, after having been fully advised of the terms of such

Agreement;

IT IS HEREBY ORDERED that this case is dismissed without prejudice and without costs

to either party and shall be administratively closed.

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IT IS FURTHER ORDERED that upon the occurrence of a Default under the Settlement

Agreement, Plaintiffs shall file with this Court and serve on Defendant (a) a Notice of Re-Opening

Case, and (b) an Affidavit of Default under Settlement Agreement, and, without any further notice,

hearing, application or order, shall present the Consent Order Re-Opening Case and Entry of

Consent Judgment in the form attached to the Settlement Agreement, for immediate entry by this

Court without the necessity of a hearing.

This Court shall retain jurisdiction over this matter for purposes set forth in the preceding

paragraph.

S/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: November 6, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record on

November 6, 2009, by electronic and/or ordinary mail.

S/Marilyn Orem 

Case Manager

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