Pioneer Roofing Organization v. Local Joint Adjustment Smart Board Local Union No. 104, et al

Filing 50

ORDER RE ATTORNEYS' FEES AND COSTS. Signed by Judge James Donato on 3/21/2017. (jdlc2S, COURT STAFF) (Filed on 3/21/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PIONEER ROOFING ORGANIZATION, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-03544-JD ORDER RE ATTORNEYS’ FEES AND COSTS v. SHEET METAL WORKERS LOCAL UNION NO. 104, Re: Dkt. No. 39 Defendant. 12 13 Defendant Sheet Metal Workers Local Union No. 104 (“Local 104”) has filed a motion for 14 attorneys’ fees and costs. Dkt. No. 39. The Court finds the motion to be suitable for decision 15 without oral argument pursuant to Civil Local Rule 7-1(b), and grants the motion. 16 Local 104 asserts that it is entitled to its attorneys’ fees and costs under Article X, § 6 of 17 the Standard Form of Union Agreement (“SFUA”), which is the collective bargaining agreement 18 23 between the parties in this case. Dkt. No. 39. That section provides: In the event of non-compliance within thirty (30) calendar days following the mailing of a decision of an LJAB, Panel or the NJAB, a local party may enforce the award by any means, including proceedings in a court of competent jurisdiction in accord with applicable state and federal law. If the party seeking to enforce the award prevails in litigation, such party shall be entitled to its costs and attorney’s fees in addition to such other relief as is directed by the courts. Any party that unsuccessfully challenges the validity of an award in a legal proceeding shall also be liable for the costs and attorney’s fees of the opposing parties in the legal proceedings. 24 Dkt. No. 28-11 at 7. 19 20 21 22 25 Here, the Court previously denied plaintiff Pioneer Roofing’s petition to vacate the 26 decision and award of the Local Joint Adjustment Board, and granted Local 104’s counterclaim to 27 confirm the LJAB’s arbitration award. Dkt. No. 37. That circumstance directly maps on to the 28 plain language of the SFUA quoted above, and entitles Local 104 to its attorneys’ fees and costs. 1 Although Pioneer Roofing re-argues its “jurisdictional dispute” point in its opposition, see Dkt. 2 No. 46 at 2-3 (“it is evident that Article X does not grant LJAB the authority over jurisdictional 3 disputes”), that is an argument the Court has already rejected. See Dkt. No. 37 at 4. The Court 4 consequently awards Local 104 its attorneys’ fees and costs under Article X, § 6 of the collective 5 bargaining agreement, and declines to consider other possible bases for the award. 6 For the amount to be awarded, the Court finds that Local 104’s requested fees and costs are within the reasonable range to be expected for this type of case. Local 104’s request is further 8 well-supported by detailed affidavits, time records and cost breakdowns, and the Court is satisfied 9 with Local 104’s reply responses to Pioneer Roofing’s opposition arguments. See Dkt. Nos. 39, 10 46, 47. Pioneer Roofing’s evidentiary objections lack merit and are overruled. Dkt. Nos. 46, 49. 11 United States District Court Northern District of California 7 Pioneer Roofing Organization is consequently ordered to pay to Local 104 attorneys’ fees 12 13 14 and costs in the amount of $240,730.88, by 30 days from the date of this order. IT IS SO ORDERED. Dated: March 21, 2017 15 16 JAMES DONATO United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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