Opinion
21-cv-10556 (CS)(PED)
11-30-2022
Allied Transit Corp., Empire State Bus Corp., and Empire Charter Service, Inc., Plaintiffs, v. Local 854 Pension Fund, Defendant.
STAY OF PROCEEDINGS ECF
HON. PAUL E. DAVISON, United States Magistrate Judge
WHEREAS the pension transfer pursuant to 29 U.S.C. § 1415 in the abovecaptioned case was completed in October 2022; and
WHEREAS the next step in the litigation would be to obtain expert reports concerning the amount of the statutory reduction in the withdrawal liability assessed by Defendant Local 854 Pension Fund (“Fund”) against Plaintiffs Allied Transit Corp., Empire State Bus Corp., and Empire Charter Service, Inc (“Plaintiffs” or the “Employer”); and
WHEREAS expert reports were previously completed in early November 2022 in the related case of Mar-Can Trans. Co. Inc. v. Local 854 Pension Fund, No. 20-cv-8743, a case that concerns many of the same legal issues, involves the same Defendant, and is being tried before the same District and Magistrate Judges; and
WHEREAS the parties agree that the summary judgment motion that will shortly be filed in the Mar-Can case may resolve some or all of the legal issues in this case, such that proceeding to expert discovery in this case may cause the parties to incur duplicative discovery costs in support of a motion that is ultimately mooted in whole or in part by the Court's prior decision in Mar-Can;
IT IS ORDERED that all case management deadlines in the above-captioned action are hereby stayed; and
IT IS ORDERED that within 30 days after the summary judgment motion concerning 29 U.S.C. 1415(c) is fully submitted to the Court in the Mar-Can action, counsel for the parties in this case shall submit a joint status letter to the Court either recommending a continued stay, or proposing a new case management order.
IT IS SO ORDERED.