GCIU-Employer Retirement Fund v. Quad Graphics Inc

Filing 45

JUDGMENT by Judge Otis D. Wright, II: (1) The Court vacates the Arbitrators decision that Quads Versailles facility withdrew from the Fund in 2011; (2) The Court dismisses as moot the Funds challenge to the Arbitrators decision that the Fund may asse ss only a 2011 complete withdrawal; (3) The Court affirms the Arbitrators decision that the Fund correctly applied the partial withdrawal credit before the 20-year payment cap; (4) The Court dismisses without prejudice Quads challenge to the Arbitrat ors decision that it was not entitled to an award of attorneys fees and costs under 29 C.F.R. 4221.10; (4) The Court affirms the Arbitrators decision not to delay issuance of the final arbitration award based on Quads unclean hands; and (5) The Cour t enforces the Funds February 1, 2013 Assessment as to the Versailles partial withdrawal and the complete withdrawal and orders Quad to: (a) make withdrawal liability payments to the ERF Fund on the 2010 Versailles partial withdrawal assessment in th e monthly amount of $321,151.22, as specified in the February 1, 2013 Assessment; and (b) make withdrawal liability payments to the Fund on the 2011 complete withdrawal assessment in the monthly amount of $351,501.80, as specified in the February 1, 2013 Assessment. (MD JS-6, Case Terminated). (lc)

JS-6

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United States District Court
Central District of California

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GCIU-EMPLOYER RETIREMENT
FUND,

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v.

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Plaintiff,

Case № 2:16-cv-03391-ODW (AFMx)
[Consol. w/ Case No. 2:16-cv-3418ODW (AFMx)]
JUDGMENT

QUAD/GRAPHICS, INC.,
Defendant.

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On May 17, 2016, GCIU-Employer Retirement Fund (“the Fund”) filed this

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action against Quad/Graphics, Inc. (“Quad”). (ECF No. 1.) On May 18, 2016, Quad

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filed a separate action against the Fund. (Compl., Quad Graphics, Inc. v. GCIU-

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Employer Retirement Fund, Case No. 2:16-cv-3418-ODW (AFM) (C.D. Cal. May 18,

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2016), ECF No. 1.) The Court consolidated both actions, and designated this action as

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the lead case. (ECF No. 19.) On April 19, 2017, the Court entered an order affirming

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in part and vacating in part underlying the arbitration award. (ECF No. 40.) On May

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1, 2017, Quad dismissed portions of its challenge to the arbitration award. (ECF No.

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41.)

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Based on the foregoing, it is hereby ORDERED, ADJUDGED, and

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DECREED as follows:
(1) The Court vacates the Arbitrator’s decision that Quad’s Versailles facility
withdrew from the Fund in 2011;
(2) The Court dismisses as moot the Fund’s challenge to the Arbitrator’s
decision that the Fund may assess only a 2011 complete withdrawal;
(3) The Court affirms the Arbitrator’s decision that the Fund correctly applied
the partial withdrawal credit before the 20-year payment cap;

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(4) The Court dismisses without prejudice Quad’s challenge to the Arbitrator’s

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decision that it was not entitled to an award of attorneys’ fees and costs under 29

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C.F.R. § 4221.10;
(4) The Court affirms the Arbitrator’s decision not to delay issuance of the final
arbitration award based on Quad’s “unclean hands”; and
(5) The Court enforces the Fund’s February 1, 2013 Assessment as to the
Versailles partial withdrawal and the complete withdrawal and orders Quad to:

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(a) make withdrawal liability payments to the ERF Fund on the 2010

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Versailles partial withdrawal assessment in the monthly amount of $321,151.22,

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as specified in the February 1, 2013 Assessment; and

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(b) make withdrawal liability payments to the Fund on the 2011 complete

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withdrawal assessment in the monthly amount of $351,501.80, as specified in

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the February 1, 2013 Assessment.

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IT IS SO ORDERED.

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May 2, 2017

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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