Opinion
2:21-cv-00064-MJP
09-29-2021
BOARD OF TRUSTEES OF THE AUTOMOTIVE MACHINISTS PENSION TRUST, Plaintiff, v. PENINSULA TRUCK LINES, INC., Defendant.
Barlow Coughran Morales & Josephson, P.S., Douglas M. Lash, Attorneys for Plaintiff Automotive Machinists Trust Arete Law Group PLLC, Jeremy E. Roller, Attorneys for Defendant Peninsula Truck Lines, Inc.
Barlow Coughran Morales & Josephson, P.S., Douglas M. Lash, Attorneys for Plaintiff Automotive Machinists Trust
Arete Law Group PLLC, Jeremy E. Roller, Attorneys for Defendant Peninsula Truck Lines, Inc.
ORDER
Marsha J. Pechman, United States Senior District Judge
STIPULATED MOTION AND ORDER FOR SUPPLEMENTAL BRIEFING NOTE ON MOTION CALENDAR:
I. STIPULATION Plaintiff Board of Trustees of the Automotive Machinists Pension Trust (“AMPT”) and defendant Peninsula Truck Lines, Inc. (“Peninsula”) (AMPT and Peninsula collectively, “the Parties”) request that the Court allow additional briefing to address a recent decision in Association Services of Washington, Inc. v. Western Metal Industry Pension Fund, et al., No. C21-0427JLR, 2021 WL 4367434, (W.D. Wash. Sept. 24, 2021) (“the ASW Decision”) as it bears on the present dispute between the Parties. A copy of the ASW Decision is attached for reference.
The ASW Decision addresses, in part, whether pre-MPRA rehabilitation contribution rates recited in a collective bargaining (or related) agreement are properly included in determining a withdrawing employer's highest contribution rate for purposes of determining its withdrawal liability payment schedule. AMPT believes the ASW Decision was correctly decided and should be persuasive authority for this Court. Peninsula believes the ASW Decision was incorrectly decided and that this Court's resolution of the issue in this case may benefit from limited additional briefing addressing that decision.
The Parties request leave of the Court to file supplemental briefs limited to no more than six pages. The Parties propose a supplemental brief filing deadline of October 11, 2021, and that the pending Cross Motions for Summary Judgment be re-noted to October 15, 2021.
II. RELIEF REQUESTED
Subject to the Court's approval, the Parties stipulate and agree:
1. The Parties shall be permitted to submit supplemental briefs, limited to six pages, addressing the ASW Decision, to be filed no later than October 11, 2021.
2. The Parties' Cross Motions for Summary Judgment (Dkt. Nos. 14 & 16) shall be re-noted from September 3, 2021, to October 15, 2021.