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Allbaugh v. California Field Ironworkers Pension Trust

United States District Court, D. Nevada

November 20, 2017

DONALD ALLBAUGH, on behalf of himself and all others similarly situated, Plaintiffs,
v.
CALIFORNIA FIELD IRONWORKERS PENSION TRUST; BOARD OF TRUSTEES OF THE CALIFORNIA FIELD IRONWORKERS PENSION TRUST, PLAN ADMINISTRATOR OF THE CALIFORNIA FIELD IRONWORKERS PENSION TRUST, Defendants.

          ROBERT S. LARSEN, GORDON & REES LLP, RONALD K. ALBERTS, SUSAN L. METER, MICHELLE L. STEINHARDT, GORDON & REES LLP, Katherine McDonough, Esq., Attorneys for Defendants California Ironworkers Field Pension Trust, Board of Trustees of The California Ironworkers Field Pension Trust, Plan Administrator of The California Ironworkers Field Pension Trust.

          SUSAN MARTIN, ESQ., JENNIFER KROLL, ESQ., KATHLEEN J. ENGLAND, ESQ., MICHAEL D. LORE, ESQ., Attorneys for Plaintiffs.

          STIPULATION AND ORDER TO CONTINUE TRIAL AND STAY CASE

         Plaintiff Donald Allbaugh and Defendants California Ironworkers Field Pension Trust and the Board of Trustees of the California Ironworkers Field Pension Trust, Plan Administrator of the California Ironworkers Field Pension Trust (“Defendants”) hereby stipulate and request that the Court enter an order continuing the trial date for approximately 70 days until a date convenient for the Court in April 2018 and staying all other deadlines until after January 15, 2018 to allow the parties to complete a settlement framework agreed to between the parties. Pursuant to LR 26-4, with respect to the request for an extension of deadlines, the parties are submitting this stipulation prior to twenty-one (21) days before the expiration of any of the deadlines the parties are seeking to extend.

         Pursuant to LR 6-1 and 26-4, the parties further state that this is the first request for continuance of the trial date and further state as follows:

         Reason for Request

         At the pretrial status conference on October 16, 2017, the Court stated its inclination to send the parties to another settlement conference. The parties elected to participate in a private mediation. The mediation was held in San Francisco, California on November 7, 2017. At the end of the mediation and following subsequent negotiations, the parties have agreed to a settlement framework to resolve all of the class claims in this case and claims related to the second proposed class identified in Plaintiff's Amended Complaint [ECF No. 72]. The parties have agreed on the settlement amount and other essential terms. However, the settlement agreement is subject to a funding contingency whereby the Defendants will have until January 12, 2018 to obtain funding for a portion of the settlement amount from their insurance carriers. On or before that date, Defendants must notify Plaintiffs whether the funding contingency and allocation issues between Defendants and Plaintiffs have been satisfied. In the event that an agreement regarding the allocation of the settlement amount between Defendants and their insurers cannot be reached, Defendants have the right to terminate the settlement agreement.

         The trial date is currently scheduled for January 23, 2018, Motions in Limine are due on December 22, 2017 and the pre-trial calendar call and all accompanying filings are scheduled for January 16, 2018. In an effort to conserve resources and allow the parties to focus on completing the settlement framework, the parties agreed to request this Court to continue the trial for approximately 70 days until a date in April 2018. This is a large class case and preparing for trial will require numerous resources of both attorney and party time and result in significant expenses. Continuing the trial will allow the parties to continue working to resolution without having to face the time and cost of preparing for a large trial at the same time.

         One of the terms in the parties' agreement is that if the Court is unable to accommodate a trial in April 2018, either party may cancel the settlement agreement.

         Accordingly, the parties have conferred and stipulated to and respectfully request that the Court vacate the current trial date and re-schedule the trial to begin in April 2018.. The parties also request that the court stay all pending motions and any further proceedings set forth in the Joint Pretrial Order [ECF No. 210] until after January 15, 2018 and reschedule those dates based on the new trial date. The parties will notify the Court on or before January 15, 2018 regarding the status of the settlement.

         Accordingly, for good cause shown, the parties respectfully request that, the Court enter an order approving the continuance of the trial to a date in April 2018 as set forth above.

         ORDER

         IT IS ORDERED that the bench trial is reset for April 10, 2018 at 9:00 a.m. Calendar call is reset for April 2, 2018 at 1:30 p.m. Motions in limine are due by March 9, 2018.

         IT IS FURTHER ORDERED that all trial briefs, exhibit lists, witness lists, and proposed findings of facts and conclusions are due by April 2, 2018.

         IT IS FURTHER ORDERED that the Status Conference is reset for ...


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