United States District Court, D. Nevada
DONALD ALLBAUGH, on behalf of himself and all others similarly situated, Plaintiffs,
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.
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
MARTIN, ESQ., JENNIFER KROLL, ESQ., KATHLEEN J. ENGLAND,
ESQ., MICHAEL D. LORE, ESQ., Attorneys for Plaintiffs.
STIPULATION AND ORDER TO CONTINUE TRIAL AND STAY
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.
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:
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
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.
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.
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.
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.
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.
IS FURTHER ORDERED that all trial briefs, exhibit
lists, witness lists, and proposed findings of facts and
conclusions are due by April 2, 2018.
IS FURTHER ORDERED that the Status Conference is
reset for ...