McNaboe v. Safeway Incorporated et al

Filing 54

ORDER RE: FURTHER CASE MANAGEMENT CONFERENCE (Illston, Susan) (Filed on 10/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAURA MCNABOE,

Case No. 13-cv-04174-SI

Plaintiff,
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v.

ORDER RE: FURTHER CASE
MANAGEMENT CONFERENCE

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SAFEWAY INC., et al.,

Re: Dkt. No. 51

Defendants.

United States District Court
Northern District of California

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The parties last appeared before the Court on May 8, 2015 for a case management

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conference. At that time the Court continued the CMC to October 9, 2015 to permit the parties to

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continue to work with Arbitrator Paul Staudohar to resolve issues related to the application of

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Arbitrator Staudohar’s March 4, 2015 Opinion and Decision, awarding plaintiff:

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1.

One year of back pay;

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2.

Health and welfare and seniority benefits for the full period up to July 7, 2014;

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3.

Out-of-pocket medical and dental expenses; and

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4.

Interest

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of

seven

percent

on

monies

owed

by

the

Employer.

Additionally, Arbitrator Staudohar ordered that:

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1.

Outside earnings of approximately $3,200.00 be deducted from back pay; and

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2.

Unemployment benefits paid to plaintiff be deducted from back pay.

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The parties’ case management statements to this Court reveal that little progress has been

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made in implementing Arbitrator Staudohar’s Opinion and Decision.

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In an effort to assist the parties in concluding this protracted dispute over the remedy in

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plaintiff’s case, the Court informed the parties that in-person appearance would be required for the

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October 9, 2015 CMC. Evidently counsel for Safeway is unable to appear in person on October 9,

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2015.
The Court therefore orders the parties to appear in person for a Further Case Management
Conference set for 10/15/2015 10:30 a.m. in Courtroom 10, 19th Floor, San Francisco.

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At the CMC, the parties shall be prepared to discuss, among other issues, the following:

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1.

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Has Safeway inquired of the State’s unemployment office to secure the details of

the start and end dates and total amount of cash benefits paid to plaintiff? If not, why?
2.

Has Safeway credited plaintiff’s health and welfare account with contributions and

credit for hours worked? If not, why?
3.

What was the outcome of the arbitrator’s March 16, 2015 order clarifying that he

intended to include pension benefits in his award on March 4, 2015, wherein he awarded plaintiff

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United States District Court
Northern District of California

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“[h]ealth and welfare and seniority benefits . . . for the full period up to July 7, 2014.” If this has

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not been acted upon, why not?

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4.

What other documents, if any, has Union neglected to provide Safeway? If these

documents have not been provided to Safeway, why not?
5.

Plaintiff claims that she cannot return to work due to a medical condition. Safeway

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claims that it has not been provided with a doctor’s note or medical certification supporting this

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claim. Is this accurate? If so, why has this documentation not been provided?

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IT IS SO ORDERED.
Dated: October 8, 2015
______________________________________
SUSAN ILLSTON
United States District Judge

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