Allbaugh v. California Field Ironworkers Pension Trust et al

Filing 217

ORDER granting 216 Stipulation. Bench Trial reset for 4/10/2018 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 4/2/2018 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Motions due by 3 /9/2018. Exhibit List due by 4/2/2018. Proposed Findings of Fact and Conclusions of Law due by 4/2/2018. Trial Briefs due by 4/2/2018. IT IS FURTHER ORDERED that the parties appear for a Status Conference set on 1/16/2018 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Signed by Judge Jennifer A. Dorsey on 11/20/2017. (Copies have been distributed pursuant to the NEF - DC)

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ROBERT S. LARSEN
Nevada State Bar No. 7785
GORDON & REES LLP
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Gordon & Rees LLP

300 South Fourth Street
Suite 1550
Las Vegas, NV 89101

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RONALD K. ALBERTS
(Admitted Pro Hac Vice)
SUSAN L. METER
(Admitted Pro Hac Vice)
MICHELLE L. STEINHARDT
(Admitted Pro Hac Vice)
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Katherine McDonough, Esq.
(Admitted Pro Hac Vice)
Kraw Law Group APC
605 Ellis Street, Suite 200
Mountain View, CA 94043
Telephone: [phone]
[e-mail]
Attorneys for Defendants
California Ironworkers Field Pension Trust,
Board of Trustees of The California
Ironworkers Field Pension Trust, Plan Administrator
of The California Ironworkers Field Pension Trust

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD ALLBAUGH, on behalf of himself and )
all others similarly situated,
)
)
Plaintiffs,
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vs.
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CALIFORNIA FIELD IRONWORKERS
)
PENSION TRUST; BOARD OF TRUSTEES OF )
THE CALIFORNIA FIELD IRONWORKERS
)
PENSION TRUST, PLAN ADMINISTRATOR )
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JAD
CASE NO. 2:12-cv-00561-GMN-GWF

STIPULATION AND ORDER
TO CONTINUE TRIAL AND STAY
CASE
FIRST REQUEST

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OF THE CALIFORNIA FIELD IRONWORKERS )
PENSION TRUST,
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Defendants.
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Plaintiff Donald Allbaugh and Defendants California Ironworkers Field Pension Trust

of the California Ironworkers Field Pension Trust (“Defendants”) hereby stipulate and request

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that the Court enter an order continuing the trial date for approximately 70 days until a date

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convenient for the Court in April 2018 and staying all other deadlines until after January 15,

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Gordon & Rees LLP

and the Board of Trustees of the California Ironworkers Field Pension Trust, Plan Administrator

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300 South Fourth Street
Suite 1550
Las Vegas, NV 89101

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2018 to allow the parties to complete a settlement framework agreed to between the parties.

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Pursuant to LR 26-4, with respect to the request for an extension of deadlines, the

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parties are submitting this stipulation prior to twenty-one (21) days before the expiration of any

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of the deadlines the parties are seeking to extend.

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Pursuant to LR 6-1 and 26-4, the parties further state that this is the first request for

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continuance of the trial date and further state as follows:

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Reason for Request

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At the pretrial status conference on October 16, 2017, the Court stated its inclination to

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send the parties to another settlement conference. The parties elected to participate in a private

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mediation. The mediation was held in San Francisco, California on November 7, 2017. At the

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end of the mediation and following subsequent negotiations, the parties have agreed to a

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settlement framework to resolve all of the class claims in this case and claims related to the

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second proposed class identified in Plaintiff’s Amended Complaint [ECF No. 72]. The parties

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have agreed on the settlement amount and other essential terms. However, the settlement

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agreement is subject to a funding contingency whereby the Defendants will have until January

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12, 2018 to obtain funding for a portion of the settlement amount from their insurance carriers.

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On or before that date, Defendants must notify Plaintiffs whether the funding contingency and

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allocation issues between Defendants and Plaintiffs have been satisfied. In the event that an
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agreement regarding the allocation of the settlement amount between Defendants and their

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insurers cannot be reached, Defendants have the right to terminate the settlement agreement.

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The trial date is currently scheduled for January 23, 2018, Motions in Limine are due on

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December 22, 2017 and the pre-trial calendar call and all accompanying filings are scheduled for

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January 16,2018. In an effort to conserve resources and allow the parties to focus on completing

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the settlement framework, the parties agreed to request this Court to continue the trial for

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approximately 70 days until a date in April 2018. This is a large class case and preparing for

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trial will require numerous resources of both attorney and party time and result in significant

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expenses. Continuing the trial will allow the parties to continue working to resolution without

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having to face the time and cost of preparing for a large trial at the same time.

Gordon & Rees LLP

300 South Fourth Street
Suite 1550
Las Vegas, NV 89101

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One of the terms in the parties’ agreement is that if the Court is unable to accommodate a
trial in April 2018, either party may cancel the settlement agreement.

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Accordingly, the parties have conferred and stipulated to and respectfully request that the

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Court vacate the current trial date and re-schedule the trial to begin in April 2018.. The parties

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also request that the court stay all pending motions and any further proceedings set forth in the

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Joint Pretrial Order [ECF No. 210] until after January 15, 2018 and reschedule those dates based

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on the new trial date. The parties will notify the Court on or before January 15, 2018 regarding

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the status of the settlement.

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Accordingly, for good cause shown, the parties respectfully request that, the Court enter

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an order approving the continuance of the trial to a date in April 2018 as set forth above.

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DATED: November 18, 2017.

DATED: November_18, 2017.

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GORDON REES SCULLY MANSUKHANI,
LLP

MARTIN & BONNET, P.L.L.C.

/s/ Robert S. Larsen

/s/ Susan Martin

ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101
RONALD K. ALBERTS, ESQ.
(Pro Hac Vice)
SUSAN L. METER, ESQ.
(Pro Hac Vice)
MICHELLE L. STEINHARDT, ESQ.
(Pro Hac Vice)
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, California 90071

SUSAN MARTIN, ESQ.
(Pro Hac Vice)

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Gordon & Rees LLP

300 South Fourth Street
Suite 1550
Las Vegas, NV 89101

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JENNIFER KROLL, ESQ.
(Pro Hac Vice)
1850 N. Central Avenue
Suite 2010
Phoenix, Arizona 85004
KATHLEEN J. ENGLAND, ESQ.
Nevada Bar No. 206
630 South Third Street
Las Vegas, NV 89101

KATHERINE MCDONOUGH, ESQ.
(Admitted Pro Hac Vice)
Kraw Law Group APC
605 Ellis Street, Suite 200
Mountain View, CA 94043

MICHAEL D. LORE, ESQ.
(Pro Hac Vice)
8 Greenway Plaza, Suite 1500
Houston, TX 77046

Attorneys for Defendants California
Ironworkers Field Pension Trust, Board of
Trustees of The California Ironworkers Field
Pension Trust, Plan Administrator of The
California Ironworkers Field Pension Trust

Attorneys for Plaintiffs

ORDER
IT IS ORDERED that the bench trial is reset for April 10, 2018 at 9:00 a.m. Calendar
call is reset for April 2, 2018 at 1:30 p.m. Motions in limine are due by March 9, 2018.

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IT IS FURTHER ORDERED that all trial briefs, exhibit lists, witness lists, and proposed
findings of facts and conclusions are due by April 2, 2018.

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IT IS FURTHER ORDERED that the Status Conference is reset for January 16, 2018 at
1:30 p.m.

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UNITED STATES DISTRICT JUDGE

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DATED: 11/20/2017

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1079210/35712423v.1

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