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)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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JUAN M. REYES, SALVATORE
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TAGLIARENI, ANGEL DE LA CRUZ,
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ANTONIO MEROLLA, SMAIL MUSOVIC,)
TESFAYE GHEBREMEDHIN, PHILIP
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ROGERS, ALMOND REID, CARMELO
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CALABRO, RUSSELL NEUBERT, and
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JOHN WILLIAl\tlS, individually and as
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representatives on behalf of a class of similarly )
situated persons,
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Plaintiffs,
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vs.
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IS

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BAKE RY AND CONFECTIONERY UNION)
AND INDUSTRY INTERNATIONAL
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PENSION FUND; an d STK\t'EN BERTELLI,)
DAVJD B. DURKEE, JETHRO A. HEAD, )
ART MONTMINY, JAMES RIVERS,
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RANDY D. ROARK, BARBARA BRASIER, )
TRAVIS CLEMENS, JON M CPHERSON, )
LOU MINELLA, DOUG R UYGROK, and )
JOHN WAGNER, in their official capacities as)
Trustees,
. )
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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

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STEPULATED [PROPOSED] ORDER

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The patties in the above-captiont:d suit have reached a stipulation regarding factual issues

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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:

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I.

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On November 20, 2017, the Fund transmitted its final determinations on all

Applications (including Facially Incomplete Applications) to the Settlement Administrator.

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Exhibit l , Affidavit of the Settlement Administrator. As such, November 20, 2017 was "the date

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on which the Fund has tinished making all initial determinations with respect to those

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Applications that were submitted on or before both the Application Deadline and the Completed

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. [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
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this, any Application or Deficiency Response received after November 20, 2017 is untimely and

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will not be reviewed;

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2.

Based upon those determinations and pursuant to the terms of the Stipulation of

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Settlement (ECF 125 at Sec. 6.3.7) "within three (3) business days after the Order and Judgment

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(approving the settlement) becomes Final, the Pension Fund shall deposit into the Settlement

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Fund" an additional $9,725,006.20 (which represents a total amount of settlement awards of

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$10,225,006.20 minus the $500,000 advance payment that the Pension Fund made on April20,

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2017 pursuant to Section 6.3.5 ofthe Settlement Agreement). This Amount is confirmed by the

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Pension Fund and separately by the Settlement Administrator. Exhibit I, Affidavit of the

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Settlement Administrator. Because the settlement provides an administrative appeals process to
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class members who had their timely applications denied, additional funding may occur, subject

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to the terms of the Stipulation of Settlement, if any pending appeals are resolved in favor of the

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class members. If such additional funding occurs, the parties shall so inform the Court; and

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3. In exchange for these concessions to the Class, Plaintiff Class Counsel has agreed not

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to seek additional lodestar fees related to the drafting and Jiling of their pending motion (ECF

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166) and its supporting documentation, or for this stipulation.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

November 30, 2017
THE HONORABLE JON S. TTGAR

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[PROPOSEDl ORDER
Case No .3 : 14-cv-5596-JST

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Hereby Stipulated,

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ABBEY SPANIER LLP
FRUMKIN & HUNTER LLP
LAW OFFICE OF GEOFFREY V. WHITE
SINCLAIR LAW FIRM L

Dated: November 28, 2017

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By:

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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

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BREDHOFF & KAISER, PLLC
~R & ROSENFELD
WElN ERG, RO

Dated: November 28, 2017

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By:

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: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

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Attorneys for Defendants

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[PROPOSED] ORDER
Case No. 3:14-cv-5596-JST

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