Country Fresh, LLC v. Retail, Wholesale and Department Store Union Local 602 UFCW

Filing 10

CONSENT JUDGMENT Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COUNTRY FRESH, L.L.C.,
Plaintiff,
CASE NO. 2:11-cv-10912-PJD-MKM
HON. PATRICK J. DUGGAN

vs.
RETAIL, WHOLESALE AND DEPARTMENT
STORE UNION LOCAL 602 UFCW,
Defendant,
_____________________________________________/
CUMMINGS, McCLOREY,DAVIS & ACHO, PLC
By: RONALD G. ACHO (P 23913)
33900 Schoolcraft
Livonia, MI 48150
[phone]
Attorneys for Plaintiff
[e-mail]

SPENDER & ROB, P.C.
By: STEVEN F. SPENDER (P 20830)
1289 S. Linden Road, Suite B
Flint, MI 48532
[phone]
Co-Counsel for Defendant
[e-mail]

LAW OFFICES OF DEAN T. YEOTIS
By: DEAN T. YEOTIS (P 41290)
CHRISTINE WASSERMAN (P 53656)
611 W. Court Street
Flint, MI 48503
[phone]
Co-Counsel for Defendant
www.deanyeotis.net
_____________________________________________________________________________/
STIPULATION AND ORDER FOR
CONSENT DECLARATORY JUDGMENT
IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective
attorneys of record, that the demand for binding arbitration that Defendant Retail, Wholesale and
Department Store Union Local 602 UFCW (hereinafter Local 602), has filed on behalf of a retired
former employee from the former Flint Plant and Distribution Center of the Plaintiff Country Fresh
L.L.C., under the grievance procedure outlined in the Collective Bargaining Agreement, effective

from September 6, 2008 through and including September 10, 2011 is dismissed, as the grievance,
which involves pension rights of an individual participant, is not arbitrable as a matter of law.
IT IS FURTHER STIPULATED that any scheduled and pending arbitration hearings on
the grievance filed by Local 602 on this issue are cancelled.
IT IS FURTHER STIPULATED the participants and/or beneficiaries of the Company
Pension Plan IP-318 (also known as McDonald Dairy Company Pension Plan) are obligated to
utilize the appeal procedures as set forth in the Summary Plan Document.
IT IS FURTHER STIPULATED, that a Consent Declaratory Judgement be entered and
this case be dismissed without prejudice and without costs to either party.

/s/ Ronald G. Acho
Cummings, McClorey, Davis,
& Acho, P.L.C.
33900 Schoolcraft Road
Livonia, MI 48150
[phone]
Attorneys for Plaintiff
Email: [e-mail]
(P23913)

/s/ with consent of Dean T. Yeotis
Law Offices of Dean T. Yeotis
611 W. Court Street
Flint, MI 48503
[phone]
Co-Counsel for Defendant
Email: www.deanyeotis.net
(P41290)

/s/ with consent of Steven F. Spender
SPENDER & ROB, P.C.
1289 S. Linden Road, Suite B
Flint, MI 48532
[phone]
Co-Counsel for Defendant
Email: [e-mail]
(P 20830)
Dated: May 12, 2011

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ORDER
IT IS SO ORDERED.

S/Patrick J. Duggan
Patrick J. Duggan
United States District Judge
Dated: May 20, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of record on May
20, 2011, by electronic and/or ordinary mail.
S/Marilyn Orem
Case Manager

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