GCIU-Employer Retirement Fund v. Quad Graphics Inc
| GCIU-Employer Retirement Fund |
| Quad Graphics, Inc. |
| 2:2016cv03391 |
| May 17, 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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Filing
68
AMENDED JUDGMENT by Judge Otis D. Wright, II. it is hereby ORDERED, ADJUDGED, and DECREED as follows: (1) The Court vacates the Arbitrator's decision that Quads Versailles facility withdrew from the Fund in 2011; (2) The Court dismisses as moot the Fund's challenge to the Arbitrator's decision that the Fund may assess only a 2011 complete withdrawal; (3) The Court affirms the Arbitrator's decision that the Fund correctly applied the partial withdrawal credit before the 20- year payment cap; (4) The Court dismisses without prejudice Quads challenge to the Arbitrator's decision that it was not entitled to an award of attorneys' fees and costs under 29 C.F.R. § 4221.10; (5) The Court affirms the Arbitrato r's decision not to delay issuance of the final arbitration award based on Quad's "unclean hands"; (6) The Court enforces the Funds February 1, 2013 Assessment as to the Versailles partial withdrawal and the complete withdrawal a nd orders Quad to: (a) make withdrawal liability payments to the ERF Fund on the 2010 Versailles partial withdrawal assessment in the monthly amount of $321,151.22, as specified in the February 1, 2013 Assessment; and (b) make withdrawal liabili ty payments to the Fund on the 2011 complete withdrawal assessment in the monthly amount of $351,501.80, as specified in the February 1, 2013 Assessment; and (7)The Court denies the Funds Rule 59(e) request for prejudgment interest for the reaso ns stated in the Courts July 31, 2017 order (ECF No. 66 ); (8) The Court awards to the Fund post judgment interest on twelve withdrawal liability payments missed during the pendency of this action (i.e., between June 2016 and May 2017), which missed payments total $3,853,814.64. Interest shall be awarded on $3,853,814.64, at the annual rate of 1.06% pursuant to 28 U.S.C. § 1961(a), calculated from May 2, 2017 until paid. (ECF No. 66 ). (lom)
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Filing
66
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PREJUDGMENT AND POSTJUDGMENT INTEREST 56 by Judge Otis D. Wright, II. For the reasons discussed above, the Court DENIES the Fund's Motion to the extent it seeks prej udgment interest and to the extent it seeks postjudgment interest on Quad's missed interim payments, but GRANTS the Motion to the extent it seeks postjudgment interest on the twelve missed payments during the pendency of this action. The Court therefore awards postjudgment interest on $3,853,814.64 the rate of 1.06%. The parties shall submit a stipulated proposed amended judgment reflecting such on or before August 3, 2017. (lom)
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Filing
45
JUDGMENT by Judge Otis D. Wright, II: (1) The Court vacates the Arbitrators decision that Quads Versailles facility withdrew from the Fund in 2011; (2) The Court dismisses as moot the Funds challenge to the Arbitrators decision that the Fund may asse ss only a 2011 complete withdrawal; (3) The Court affirms the Arbitrators decision that the Fund correctly applied the partial withdrawal credit before the 20-year payment cap; (4) The Court dismisses without prejudice Quads challenge to the Arbitrat ors decision that it was not entitled to an award of attorneys fees and costs under 29 C.F.R. 4221.10; (4) The Court affirms the Arbitrators decision not to delay issuance of the final arbitration award based on Quads unclean hands; and (5) The Cour t enforces the Funds February 1, 2013 Assessment as to the Versailles partial withdrawal and the complete withdrawal and orders Quad to: (a) make withdrawal liability payments to the ERF Fund on the 2010 Versailles partial withdrawal assessment in th e monthly amount of $321,151.22, as specified in the February 1, 2013 Assessment; and (b) make withdrawal liability payments to the Fund on the 2011 complete withdrawal assessment in the monthly amount of $351,501.80, as specified in the February 1, 2013 Assessment. (MD JS-6, Case Terminated). (lc)
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Filing
19
ORDER CONSOLIDATING CASES by Judge Otis D. Wright, II:The Court hereby CONSOLIDATES the following two cases: (1) GCIU-Employer Retirement Fund v. Quad/Graphics, Inc., Case No. 2:16-cv-03391 LEAD CASE; (2) Quad/Graphics, Inc. v. GCIU-Employer Retirement Fund, Case No. 2:16-cv-03418; All documents concerning either action should be filed in the LEAD CASE only. (lc). Modified on 8/16/2016 (lc).
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