United States District Court, D. Nevada
PETERSON BAKER, PLLC TAMARA BEATTY PETERSON, ESQ. BENJAMIN K.
REITZ, ESQ. ATTORNEYS FOR PLAINTIFF JEROME HARRY
ROTHSCHILD LLP MARK J. CONNOT, ESQ. ATTORNEYS FOR DEFENDANTS
SCREEN ACTORS GUILD-PRODUCERS PENSION PLAN AND SCREEN ACTORS
GUILD-PRODUCERS HEALTH PLAN
STIPULATION AND ORDER TO STAY PROCEEDINGS
Jerome Harry ("Plaintiff"), and Defendants
Screen Actors Guild-Producers Pension Plan and Screen Actors
Guild-Producers Health Plan ("Defendants",
and together with the Plaintiff, the
"Parties"), by and through their
undersigned counsel, hereby stipulate and agree, subject to
the Court's approval, to stay this action pending
Defendants' administrative review of similar, if not
identical, benefit claims to be submitted by Yvette
Wilson's daughters, Rachel Wilson and Lauren McClain (the
support of the Parties' stipulation, the Parties state as
Courts have inherent power to stay the cases before them as a
matter of control over their own dockets and calendars.
See Landis v. N. Am. Co., 299 U.S. 248, 254-55
(1936). This power to stay is "incidental to the power
inherent in every court to control the disposition of the
causes of action on its docket with economy of time and
effort for itself, for counsel, and for litigants."
Id. at 254.
Plaintiff is the former husband of Yvette Wilson, now
Screen Actors Guild-Producers Pension Plan is a pension fund
in which Defendant alleges that Yvette was a pensioner prior
to her death. The Screen Actors Guild-Producers Health Plan
(which merged with the AFTRA Health Fund and is now the
SAG-AFTRA Health Plan) is a multiemployer group health plan
in which Plaintiff alleges that Yvette was also a pensioner
prior to her death. Defendants assert, among other things,
that the SAG-AFTRA Health Plan does not provide pension
Plaintiff filed this action on March 27, 2017 [ECF No. 1],
alleging Defendants had failed to pay amounts owed to
Plaintiff, as a beneficiary, under the Screen Actors
Guild-Producers Pension Plan and the Screen Actors
Guild-Producers Health Plan, including, but not limited to,
retroactive disability payments. Defendants deny generally
the allegations in the complaint.
Yvette left two surviving daughters, Rachel Wilson and Lauren
McClain. The Daughters assert that, if Plaintiff is entitled
to certain of Yvette's benefits, they too are entitled to
Accordingly, and although the Daughters believe Plaintiffs
unsuccessful efforts to administratively resolve this dispute
exhausted their own administrative requirement, the Daughters
are formally submitting for administrative review a claim to
Defendants for the Daughters' alleged share of their
Should administrative proceedings fail to resolve the
Daughters' claims, the Daughters intend to file suit in
this Court. In such an event, the Parties agree that
Plaintiffs claims and the Daughters' claims should be
litigated in the same action.
Therefore, to avoid duplicative proceedings and potentially
inconsistent outcomes, the Parties agree that Plaintiffs case
should be stayed until the conclusion of the Daughters'
administrative proceedings. Thereafter, if necessary,
Plaintiff and the Daughters will take procedural steps needed
to consolidate their claims into a single action.
Notwithstanding any stay of these proceedings, the Parties
agree that discovery, including through depositions, may be
obtained during the stay period from Marvin Snyder in light
of Mr. Snyder's advanced age and uncertain health. The
Parties' ability to take the deposition of Mr. Snyder is
a condition for their agreement to the stay.
IT IS HEREBY STIPULATED AND AGREED, by and between the
Parties, subject to ...