GCIU-Employer Retirement Fund et al v. Quad Graphics, Inc.
| Board of Trustees of the GCIU-Employer Retirement Fund and GCIU-Employer Retirement Fund |
| Quad Graphics, Inc. |
| 2:2016cv00100 |
| January 6, 2016 |
| US District Court for the Central District of California |
| Alexander F. MacKinnon |
| Otis D. Wright |
| Labor: E.R.I.S.A. |
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The following documents for this case are available for you to view or download:
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Filing
223
ORDER DENYING PARTIES MOTION FOR ATTORNEY FEES AND NON-TAXABLE COSTS WITHOUT PREJUDICE 212 , 213 , 216 , 217 by Judge Otis D. Wright, II: Following the Courts entry of judgment (ECF No. 209), Defendant moved to recover their attorneys fees and non-taxable costs. Thereafter Defendant filed a notice of appeal to the Ninth Circuit. Given the nature of Defendants appeal, and upon consideration of the Parties Motions for Attorney Fees and Non-Taxable Costs, the Court DENIES WITHOUT PREJUDICE the Parties Motions. If appropriate,Parties may renew their motions within 30 days of the entry of the Ninth Circuits Mandate on the pending appeal. (lc). Modified on 12/20/2019 (lc).
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Filing
209
FINAL JUDGMENT by Judge Otis D. Wright, II:1. ERF is awarded $3,532,663.42, plus 10% interest per annum an dliquidated damages of 20% on its interim withdrawal liability payments claim;2. The Court DISMISSES WITH PREJUDICE ERFs request for information claim under 29 U.S.C. 1399(a);3. The Court enters JUDGMENT in favor of Quad on the following delinquent contribution claims under 29 U.S.C. § 1145:a. ERFs claims for delinquent contributions on 2011 vacation entitlements at the Versailles, Dickson, Fernley, and Waukee facilities;b. ERFs claims for delinquent contributions on 2008 unused vacation, paid in 2009, at the Dickson, Fernley, and Waukee facilities;c. ERFs claims for delinquent contributions on 2009 unused vacation , paid in 2010, at the Dickson, Fernley, and Waukee facilities;d. ERFs claims for delinquent contributions on 2010 unused vacation, paid in 2011, at the Dickson, Fernley, and Waukee facilities; and4. The Court enters JUDGMENT in favor of ERF on its d elinquent contribution claim under 29 U.S.C. § 1145 for 2008, 2009 and 2010 allotted but unused vacation (and personal) days, paid in 2009, 2010, and 2011 respectively, at the Versailles facility, and awards ERF unpaid contributions of $15, 131.09 in principal,10% simple interest per annum (to be calculated on the $6,092.75 owed in contributions for the 2008 allotted but unused vacation paid in January 2009;$5,005.13 owed in contributions for the 2009 allotted but unused vacation paid in January 2010, and $4,033.21 owed in contributions for the 2010 allotted but unused vacation paid in January 2011) until paid; and 20% liquidated damages in the amount of $3,036.22; and5. ERF is entitled to recover the sums charged by its auditors plus any additional costs incurred to date, and attorneys fees and costs under 29 U.S.C.§ 1132(g)(2)(D), which shall be submitted for the Courts consideration by application.The Clerk of the Court shall close the case. (lc) Modified on 11/19/2019 (lc).(MD JS-6. Case Terminated
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Filing
192
AMENDED ORDER DENYING MOTION FOR RECONSIDERATION 164 by Judge Otis D. Wright, II, .(lc) .Modified on 12/21/2018 (lc).
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Filing
190
ORDER DENYING MOTION FOR RECONSIDERATION 164 by Judge Otis D. Wright, II (lc). Modified on 12/12/2018. (lc).
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Filing
102
ORDER GRANTING DEFENDANTS MOTION FOR LEAVE TO TAKE DEPOSITION 94 AND GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION FOR EARLY CONSIDERATION OF MOTION IN LIMINE (SEE DOCUMENT FOR SPECIFICS) 98 by Judge Otis D. Wright, II. (lc). Modified on 6/6/2017 (lc).
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Filing
93
ORDER GRANTING PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT 56 , DENYING IN PART DEFENDANTS MOTION FOR SUMMARY JUDGMENT 63 , AND DISMISSING CERTAIN CLAIMS by Judge Otis D. Wright, II: The Court GRANTS the Funds Motion forPartial Summary Judgment and DENIES IN PART Quads Motion for SummaryJudgment. The Court sua sponte DISMISSES the Funds § 1399(a) request on themerits to the extent it was made for the purpose of determining delinquentcontributions, and DISMISSES AS MOOT Funds request to the extent it was madefor the purpose of recalculating Quads withdrawal liability.Court the trial date for the Funds claim for delinquent contributions as follows: Bench Trial: 9/26/2017 9:00; Pretrial Conference and Hearing on Motions in limine 9/1 8/17 1:30 PM; Deadline to File: Proposed Pretrial Conference Order; Memoranda and Contentions of Fact and Law; Joint Witness List; Joint Exhibit List and Exhibit Stipulation; Proposed Findings of Fact and Conclusions of Law; Joint Report re: Settlement; Motions in Limine: 9/1/2017.(SEE DOCUMENT FOR OTHER SPECIFICS AND DEADLINES). (lc)
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Filing
39
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS AND STAY 34 by Judge Otis D. Wright, II: Defendants Motion is denied in its entirety with respect to GCIUs claim for delinquent contributions. However, Defendants Motion to Stay GCIUs § 1399(a) claim is granted. When the Wisconsin court issues a ruling on GCIUs Motion to Dismiss, GCIU shall immediately file a copy of that ruling with this Court. Defendants Motion to Dismiss GCIUs § 1399(a) claim in this action is denied without prejudice.(SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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Filing
32
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS OR STAY 18 by Judge Otis D. Wright, II: Defendants Motion is denied in its entirety with respect to GCIUs first claim. However, Defendants Motion with respect to GCIUs second claim is granted with leave to amend. GCIU may file a First Amended Complaint within 21 days that is consistent with this Order. (lc). Modified on 3/22/2016 (lc).
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Filing
29
ORDER GRANTING DEFENDANTS EX PARTE APPLICATION 27 , 28 AND VACATING HEARING ON MOTION TO DISMISS 18 . The matter stands submitted, and will be decided upon without oral argument. An order will issue by Judge Otis D. Wright, II. (lc). Modified on 2/29/2016 (lc).
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Filing
26
ORDER by Judge Otis D. Wright, II., the Court GRANTS Plaintiff's application 24 . Plaintiff may file its objections and sur-reply as requested on or before 2/29/2016. (jp)
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Filing
14
ORDER by Judge Otis D. Wright, II: granting 10 EX PARTE APPLICATION that defendant Quad Graphics, Inc. shall respond to the Complaint on or before February 4, 2016. (lc). Modified on 1/19/2016 (lc).
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