Reyes v. Bakery and Confectionery Union and Industry International Pension Fund

Filing 175

STIPULATION AND ORDER re 174 STIPULATION WITH PROPOSED ORDER re 166 MOTION for an Order Directing the Fund to Process All Applications, Allow Late Claims and for Other and Further Relief filed by Carmelo Calabro, Smail Musovic, Antoni o Merolla, Salvatore Tagliareni, John Williams, Almond Reid, Russell Neubert, Juan M. Reyes, Tesfaye Ghebremedhin, Philip Rogers, Angel De La Cruz. Signed by Judge Jon S. Tigar on November 30, 2017. (wsn, COURT STAFF) (Filed on 11/30/2017)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 2 3 4 5 6 7 8 JUAN M. REYES, SALVATORE ) TAGLIARENI, ANGEL DE LA CRUZ, ) ANTONIO MEROLLA, SMAIL MUSOVIC,) TESFAYE GHEBREMEDHIN, PHILIP ) ROGERS, ALMOND REID, CARMELO ) CALABRO, RUSSELL NEUBERT, and ) JOHN WILLIAl\tlS, individually and as ) representatives on behalf of a class of similarly ) situated persons, ) ) Plaintiffs, ) vs. ) 9 10 11 12 I3 14 IS ) BAKE RY AND CONFECTIONERY UNION) AND INDUSTRY INTERNATIONAL ) PENSION FUND; an d STK\t'EN BERTELLI,) DAVJD B. DURKEE, JETHRO A. HEAD, ) ART MONTMINY, JAMES RIVERS, ) RANDY D. ROARK, BARBARA BRASIER, ) TRAVIS CLEMENS, JON M CPHERSON, ) LOU MINELLA, DOUG R UYGROK, and ) JOHN WAGNER, in their official capacities as) Trustees, . ) ) Defendants. ) Case No. 3:14-cv-5596-JST CLASS ACTION STIPULATED [PROPOSED] ORDER: (1) RESOLVING AS MOOT PLAINTIFFS' MOTION (ECF 166) AND (2) PROVIDING A FINAL JOINT REPORT ON THE SETTLEMENT FUND APPLICATION PROCESS 16 STEPULATED [PROPOSED] ORDER 17 The patties in the above-captiont:d suit have reached a stipulation regarding factual issues 18 19 20 21 that affect the timeliness of existing App lications as well as of any future Applications or Deficiency Responses that may be received under the Stipulation of Settlement, Dkt. No. 125 ("Settlement Agreement"). The parties have stipulated and agreed to the following: 22 I. 23 24 On November 20, 2017, the Fund transmitted its final determinations on all Applications (including Facially Incomplete Applications) to the Settlement Administrator. 25 Exhibit l , Affidavit of the Settlement Administrator. As such, November 20, 2017 was "the date 26 on which the Fund has tinished making all initial determinations with respect to those 27 Applications that were submitted on or before both the Application Deadline and the Completed 28 ,I . [PROPOSED] ORDER Case No.3: 14-cv-5596-JST II Application Deadline" under Section 6.4.6 of the Settlement Agreement.~ As a consequence of 2 this, any Application or Deficiency Response received after November 20, 2017 is untimely and 3 will not be reviewed; 4 2. Based upon those determinations and pursuant to the terms of the Stipulation of 5 Settlement (ECF 125 at Sec. 6.3.7) "within three (3) business days after the Order and Judgment 6 7 (approving the settlement) becomes Final, the Pension Fund shall deposit into the Settlement 8 Fund" an additional $9,725,006.20 (which represents a total amount of settlement awards of 9 $10,225,006.20 minus the $500,000 advance payment that the Pension Fund made on April20, 10 2017 pursuant to Section 6.3.5 ofthe Settlement Agreement). This Amount is confirmed by the 11 Pension Fund and separately by the Settlement Administrator. Exhibit I, Affidavit of the 12 Settlement Administrator. Because the settlement provides an administrative appeals process to 13 class members who had their timely applications denied, additional funding may occur, subject 14 15 to the terms of the Stipulation of Settlement, if any pending appeals are resolved in favor of the 16 class members. If such additional funding occurs, the parties shall so inform the Court; and 17 3. In exchange for these concessions to the Class, Plaintiff Class Counsel has agreed not 18 to seek additional lodestar fees related to the drafting and Jiling of their pending motion (ECF 19 166) and its supporting documentation, or for this stipulation. 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED. 22 23 24 Dated: November 30, 2017 THE HONORABLE JON S. TTGAR 25 26 27 28 1 [PROPOSEDl ORDER Case No .3 : 14-cv-5596-JST 2 Hereby Stipulated, 2 3 ABBEY SPANIER LLP FRUMKIN & HUNTER LLP LAW OFFICE OF GEOFFREY V. WHITE SINCLAIR LAW FIRM L Dated: November 28, 2017 4 5 By: 6 7 8 9 10 w LIAM D. FRUMKIN (adm. pro hac vice) ELIZABETH E. HUNTER (adm. pro hac vice) NANCY KABOOLIAN (adm. pro hac vice) THOMAS 0. SINCLAIR (adm. pro hac vice) JUDITH L. SPANIER (adm. pro hac vice) GEOFFREY V. WHITE Attorneys for Plaintiffs 11 12 BREDHOFF & KAISER, PLLC ~R & ROSENFELD WElN ERG, RO Dated: November 28, 2017 13 By: Is/ • :ttt~ ;tJ. ./u.<w-.- ~ .I , A PENNY CLARK (adm. pro hac vice) ROBERT ALEXANDER (adm. pro hac vice) JAMES GRAHAM LAKE (adm. pro hac vice) CONCEPCr6N E. LOZANO-BATISTA EMILY P. RICH 14 15 16 Attorneys for Defendants 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER Case No. 3:14-cv-5596-JST 3

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