Quad Graphics, Inc. v. GCIU- Employer Retirement Fund
| Quad Graphics, Inc. |
| GCIU- Employer Retirement Fund |
| GCIU- Employer Retirement Fund |
| Quad Graphics, Inc. |
| 2:2016cv03418 |
| May 18, 2016 |
| US District Court for the Central District of California |
| Karen L. Stevenson |
| Otis D. Wright |
| Labor: E.R.I.S.A. |
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Filing
36
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-yea r 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 Arbitrator 9;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 and ord ers 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 liability pay ments 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 reasons sta ted 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
23
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 Court 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 the 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
22
ORDER AFFIRMING IN PART AND VACATING IN PART ARBITRATION AWARD by Judge Otis D. Wright, II. The Court concludes as follows: (1) The Court VACATES the arbitrator's decision that Quads Versailles facility withdrew from the Fund in 2011; (2) The C ourt DISMISSES AS MOOT the Fund's challenge to the arbitrator's decision that the Fund assess only a 2011 complete withdrawal; (3) The Court AFFIRMS the arbitrator's decision that the Fund correctly applied that the partial withdrawal credit before the 20-year payment cap; (4) The Court VACATES the arbitrator's decision that Quad was not entitled to an award of attorneys' fees and costs under 29 C.F.R. § 4221.10(c); and (5) The Court AFFIRMS the arbitrator's de cision not to delay issuance of the final arbitration award based on Quad's "unclean hands." (6) Except as to the issues on which the Court has affirmed the arbitration award, the Court REMANDS the case to the arbitrator for proceedings not inconsistent with this opinion. The Court further ORDERS the parties to submit a joint proposed judgment to the Court no later than May 1, 2017. See document for details. (smo)
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Filing
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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 CASEonly. (lc). Modified on 8/16/2016 (lc).
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