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

W.D. Washington

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

DecidedSeptember 30, 2021

Docket2:21-cv-00064

StatusUnknown

This text of Board of Trustees of the Automotive Machinists Pension Trust v. Peninsula Truck Lines Inc (Board of Trustees of the Automotive Machinists Pension Trust v. Peninsula Truck Lines Inc) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Board of Trustees of the Automotive Machinists Pension Trust v. Peninsula Truck Lines Inc, (W.D. Wash. 2021).

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Opinion

1 THE HONORABLE MARSHA J. PECHMAN

5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7

8 BOARD OF TRUSTEES OF THE AUTOMOTIVE MACHINISTS NO. 2:21-cv-00064-MJP 9 PENSION TRUST, Plaintiff, STIPULATED MOTION AND ORDER 10 v. FOR SUPPLEMENTAL BRIEFING

11 PENINSULA TRUCK LINES, INC., NOTE ON MOTION CALENDAR: September 29, 2021 12 Defendant.

13 I. STIPULATION 14 Plaintiff Board of Trustees of the Automotive Machinists Pension Trust (“AMPT”) and 15 defendant Peninsula Truck Lines, Inc. (“Peninsula”) (AMPT and Peninsula collectively, “the 16 Parties”) request that the Court allow additional briefing to address a recent decision in 17 Association Services of Washington, Inc. v. Western Metal Industry Pension Fund, et al., No. 18 C21-0427JLR, 2021 WL 4367434, (W.D. Wash. Sept. 24, 2021) (“the ASW Decision”) as it 19 bears on the present dispute between the Parties. A copy of the ASW Decision is attached for 20 reference. 21 The ASW Decision addresses, in part, whether pre-MPRA rehabilitation contribution 22 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 1 determining a withdrawing employer’s highest contribution rate for purposes of determining its 2 withdrawal liability payment schedule. AMPT believes the ASW Decision was correctly 3 decided and should be persuasive authority for this Court. Peninsula believes the ASW Decision 4 was incorrectly decided and that this Court’s resolution of the issue in this case may benefit

5 from limited additional briefing addressing that decision. 6 The Parties request leave of the Court to file supplemental briefs limited to no more than 7 six pages. The Parties propose a supplemental brief filing deadline of October 11, 2021, and 8 that the pending Cross Motions for Summary Judgment be re-noted to October 15, 2021. 9 II. RELIEF REQUESTED 10 Subject to the Court’s approval, the Parties stipulate and agree: 11 1. The Parties shall be permitted to submit supplemental briefs, limited to six pages, 12 addressing the ASW Decision, to be filed no later than October 11, 2021. 13 2. The Parties’ Cross Motions for Summary Judgment (Dkt. Nos. 14 & 16) shall be re- 14 noted from September 3, 2021, to October 15, 2021.

15 16 17 18 19 20 21 22

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 1 DATED: September 29, 2021 2 BARLOW COUGHRAN MORALES ARETE LAW GROUP PLLC & JOSEPHSON, P.S. 3 By: /s/ Douglas M. Lash By: /s/ Jeremy E. Roller (with permission) 4 Douglas M. Lash, WSBA No. 48531 Jeremy E. Roller, WSBA No. 32021 1325 Fourth Avenue, Suite 910 1218 Third Avenue, Suite 2100 5 Seattle, WA 98101 Seattle, WA 98101 6 Attorneys for Plaintiff Automotive Attorneys for Defendant Peninsula Truck Machinists Trust Lines, Inc. 7 8 ORDER 9 10 IT IS SO ORDERED. 11 DATED: September 30, 2021 12 A 13

14 Marsha J. Pechman 15 United States Senior District Judge

17 18 19 20 21 22 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

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1 THE HONORABLE MARSHA J. PECHMAN

5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7

8 BOARD OF TRUSTEES OF THE AUTOMOTIVE MACHINISTS NO. 2:21-cv-00064-MJP 9 PENSION TRUST, Plaintiff, STIPULATED MOTION AND ORDER 10 v. FOR SUPPLEMENTAL BRIEFING

11 PENINSULA TRUCK LINES, INC., NOTE ON MOTION CALENDAR: September 29, 2021 12 Defendant.

13 I. STIPULATION 14 Plaintiff Board of Trustees of the Automotive Machinists Pension Trust (“AMPT”) and 15 defendant Peninsula Truck Lines, Inc. (“Peninsula”) (AMPT and Peninsula collectively, “the 16 Parties”) request that the Court allow additional briefing to address a recent decision in 17 Association Services of Washington, Inc. v. Western Metal Industry Pension Fund, et al., No. 18 C21-0427JLR, 2021 WL 4367434, (W.D. Wash. Sept. 24, 2021) (“the ASW Decision”) as it 19 bears on the present dispute between the Parties. A copy of the ASW Decision is attached for 20 reference. 21 The ASW Decision addresses, in part, whether pre-MPRA rehabilitation contribution 22 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 1 determining a withdrawing employer’s highest contribution rate for purposes of determining its 2 withdrawal liability payment schedule. AMPT believes the ASW Decision was correctly 3 decided and should be persuasive authority for this Court. Peninsula believes the ASW Decision 4 was incorrectly decided and that this Court’s resolution of the issue in this case may benefit

5 from limited additional briefing addressing that decision. 6 The Parties request leave of the Court to file supplemental briefs limited to no more than 7 six pages. The Parties propose a supplemental brief filing deadline of October 11, 2021, and 8 that the pending Cross Motions for Summary Judgment be re-noted to October 15, 2021. 9 II. RELIEF REQUESTED 10 Subject to the Court’s approval, the Parties stipulate and agree: 11 1. The Parties shall be permitted to submit supplemental briefs, limited to six pages, 12 addressing the ASW Decision, to be filed no later than October 11, 2021. 13 2. The Parties’ Cross Motions for Summary Judgment (Dkt. Nos. 14 & 16) shall be re- 14 noted from September 3, 2021, to October 15, 2021.

15 16 17 18 19 20 21 22

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 1 DATED: September 29, 2021 2 BARLOW COUGHRAN MORALES ARETE LAW GROUP PLLC & JOSEPHSON, P.S. 3 By: /s/ Douglas M. Lash By: /s/ Jeremy E. Roller (with permission) 4 Douglas M. Lash, WSBA No. 48531 Jeremy E. Roller, WSBA No. 32021 1325 Fourth Avenue, Suite 910 1218 Third Avenue, Suite 2100 5 Seattle, WA 98101 Seattle, WA 98101 6 Attorneys for Plaintiff Automotive Attorneys for Defendant Peninsula Truck Machinists Trust Lines, Inc. 7 8 ORDER 9 10 IT IS SO ORDERED. 11 DATED: September 30, 2021 12 A 13

14 Marsha J. Pechman 15 United States Senior District Judge

17 18 19 20 21 22 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

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Board of Trustees of the Automotive Machinists Pension Trust v. Peninsula Truck Lines Inc, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-the-automotive-machinists-pension-trust-v-peninsula-wawd-2021.