Board of Trustees of the Automotive Machinists Pension Trust v. Peninsula Truck Lines Inc

Opinion

THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT AT SEATTLE

AUTOMOTIVE MACHINISTS NO. 2:21-cv-00064-MJP Plaintiff, STIPULATED MOTION AND ORDER v. FOR SUPPLEMENTAL BRIEFING

PENINSULA TRUCK LINES, INC., NOTE ON MOTION CALENDAR: September 29, 2021 Defendant.

I. STIPULATION Plaintiff Board of Trustees of the Automotive Machinists Pension Trust (“AMPT”) and defendant Peninsula Truck Lines, Inc. (“Peninsula”) (AMPT and Peninsula collectively, “the Parties”) request that the Court allow additional briefing to address a recent decision in Association Services of Washington, Inc. v. Western Metal Industry Pension Fund, et al., No. C21-0427JLR, 2021 WL 4367434, (W.D. Wash. Sept. 24, 2021) (“the ASW Decision”) as it bears on the present dispute between the Parties. A copy of the ASW Decision is attached for reference. The ASW Decision addresses, in part, whether pre-MPRA rehabilitation contribution rates recited in a collective bargaining (or related) agreement are properly included in STIPULATED MOTION AND ORDER REGARDING BARLOW COUGHRAN SUPPLEMENTAL BRIEFING – 1 1M 32O 5R FA OL UE RS T& H J O AS VE EP , H SS UO ITN E, P 9. 1S 0. Cause No. 2:21-cv-00064-MJP SEATTLE, WA 981 01 determining a withdrawing employer’s highest contribution rate for purposes of determining its withdrawal liability payment schedule. AMPT believes the ASW Decision was correctly decided and should be persuasive authority for this Court. Peninsula believes the ASW Decision was incorrectly decided and that this Court’s resolution of the issue in this case may benefit

from limited additional briefing addressing that decision. The Parties request leave of the Court to file supplemental briefs limited to no more than six pages. The Parties propose a supplemental brief filing deadline of October 11, 2021, and that the pending Cross Motions for Summary Judgment be re-noted to October 15, 2021. Subject to the Court’s approval, the Parties stipulate and agree: 1. The Parties shall be permitted to submit supplemental briefs, limited to six pages, addressing the ASW Decision, to be filed no later than October 11, 2021. 2. The Parties’ Cross Motions for Summary Judgment (Dkt. Nos. 14 & 16) shall be re- noted from September 3, 2021, to October 15, 2021.

STIPULATED MOTION AND ORDER REGARDING BARLOW COUGHRAN SUPPLEMENTAL BRIEFING – 2 1M 32O 5R FA OL UE RS T& H J O AS VE EP , H SS UO ITN E, P 9. 1S 0. Cause No. 2:21-cv-00064-MJP SEATTLE, WA 981 01 DATED: September 29, 2021 & JOSEPHSON, P.S. By: /s/ Douglas M. Lash By: /s/ Jeremy E. Roller (with permission) Douglas M. Lash, WSBA No. 48531 Jeremy E. Roller, WSBA No. 32021 1325 Fourth Avenue, Suite 910 1218 Third Avenue, Suite 2100 Seattle, WA 98101 Seattle, WA 98101 Attorneys for Plaintiff Automotive Attorneys for Defendant Peninsula Truck Machinists Trust Lines, Inc. ORDER DATED: September 30, 2021 A

Marsha J. Pechman United States Senior District Judge

STIPULATED MOTION AND ORDER REGARDING BARLOW COUGHRAN SUPPLEMENTAL BRIEFING – 3 1M 32O 5R FA OL UE RS T& H J O AS VE EP , H SS UO ITN E, P 9. 1S 0. Cause No. 2:21-cv-00064-MJP SEATTLE, WA 981 01