1 The Honorable Tana Lin 2 3 4 5 6 FOR THE WESTERN DISTRICT OF WASHINGTON 9 BOARD OF TRUSTEES OF THE Case No.: 2:23-cv-00483-TL EMPLOYEE PAINTERS' TRUST; BOARD 10 OF TRUSTEES OF THE WESTERN THIRD STIPULATION AND ORDER TO WASHINGTON PAINTERS DEFINED STAY PROCEEDINGS 11 CONTRIBUTION PENSION TRUST; BOARD OF TRUSTEES OF THE DISTRICT Noting Date: October 14, 2024 12 COUNCIL NO. 5 APPRENTICESHIP AND TRAINING TRUST FUND; BOARD OF PAINTERS AND ALLIED TRADES 14 INDUSTRY PENSION FUND; BOARD OF TRUSTEES OF THE FINISHING TRADES 15 INSTITUTE; THE PAINTERS AND ALLIED TRADES LABOR-MANAGEMENT 16 COOPERATION INITIATIVE; WESTERN WASHINGTON SIGNATORY PAINTING 17 EMPLOYERS ASSOCIATION; NORTHWEST WALL 7 CEILING 18 CONTRACTORS ASSOCIATION; INTERNATIONAL UNION OF PAINTERS COUNCIL NO. 5, 20 Plaintiffs, 21 v. 22 MARIN BROS., INC., an Illinois corporation; 23 ABEL MARIN, an individual; JENNIFER GARCIA, an individual; DOES & ROES I-X, 24 Defendants. 25
26 1 The Plaintiffs, Board of Trustees of The Employee Painters’ Trust, et al. (collectively 2 the “Plaintiffs”), and Defendants Marin Bros., Inc., Abel Marin, and Jennifer Garcia 3 (collectively the “Defendants”) (Plaintiffs and Defendants are collectively referred to herein as 4 the “Parties”), each acting by and through their undersigned counsel, respectfully file this 5 Stipulation to Stay Proceedings. This Stipulation is the Parties’ third request to stay the 6 proceedings and is made for cause and not for the purpose of delay. This Stipulation is made 7 with respect to the following: 8 1. The Court issued an Order Setting Bench Trial Date and Related Dates on 9 October 27, 2023 [ECF No. 17]. The Court has since issued two orders granting the Parties’ 10 Stipulated Motion to Extend Deadlines on May 7, 2024 and July 23, 2024, the latest of which 11 stayed the proceedings and all unexpired deadlines to November 3, 2024 [ECF Nos. 24, 28, 12 31, 33]. 13 2. This case centers on alleged fringe benefit contribution payment obligations 14 arising from Collective Bargaining Agreements (“CBA”) between the International Union of 15 Painters and Allied Trades District Council No. 5 (“Union”) and Defendant Marin Bros., Inc. 16 (“Marin Bros”). 17 3. The Plaintiffs, as employee benefit trust funds governed by the Employee 18 Retirement Income Security Act (“ERISA”), have alleged the right to be paid certain fringe 19 benefit contributions and related damages for work performed by Marin Bros’ employees 20 pursuant to the terms of the CBA. 21 4. The Plaintiffs alleged in the Complaint [ECF No. 1] the right to perform a 22 payroll compliance review (audit) of Marin Bros’ payroll and related records to determine the 23 extent of contributions of contributions owed to the Plaintiffs. See Cent. States, Se. & Sw. 24 Areas Pension Fund v. Cent. Transp., Inc., 472 U.S. 559, 573-74 (1985) (discussing the role 25 of a payroll auditor in determining unpaid contributions). 26 5. Since the filing of the Complaint and since the Court’s Orders to Stay 1 Proceedings, the parties continued to engage in diligent discovery, have worked together to 2 avoid any court intervention of discovery issues, and have cooperated with sharing documents 3 and information so that an audit of Marin Bros’ records could be performed by a professional 4 accounting firm engaged by the Plaintiffs. 5 6. In the parties’ last stipulation and request to stay proceedings, the parties noted 6 how Plaintiffs’ auditor had completed a draft audit for the period of January 1, 2023 through 7 September 30, 2023 (“Second Audit Period”). Defendants believe that this case involved 8 potential mistakes in payments for contributions either (1) not owed to Plaintiffs or (2) covered 9 in Plaintiffs’ scope but accidentally paid to another entity. Defendants required additional time 10 to obtain and gather additional documents regarding its payroll and payment of contributions 11 and for Defendants’ separate professional accounting firm to review and prepare a report for 12 the Second Audit Period. 13 7. Since then, Defendants have been delayed in obtaining substantive information 14 in part due to technological issues preventing access to some documentation and, in turn, 15 Defendants are providing information to Plaintiffs on October 18, 2024, so that the parties can 16 further assess the claims and meaningfully prepare for settlement discussions. 17 8. The parties also expect that they would soon have competing audit reports that 18 would need to be reviewed and evaluated before discovery in this case can continue. 19 9. Additionally, the Parties hope to engage in meaningful settlement negotiations 20 once final audit results are issued by each auditor. The Parties are committed to their ongoing 21 obligation to explore settlement options in this case. 22 10. The Parties agree that a sixty (60) day stay of proceedings is warranted due to 23 the need to complete the audits and to allow for discussion of the results of the audits and 24 potential settlement. 25 11. This Stipulation is made to avoid unnecessary expenditure of resources in 26 litigation and is not intended to delay or for any improper purpose. 1 12. Accordingly, the Parties by and through their undersigned counsel, stipulate 2 and agree, subject to the Court’s approval, that these proceedings and all unexpired deadlines 3 set forth in the Court’s February 5, 2024 Order [ECF No. 24] shall be stayed an additional 4 sixty (60) days to January 2, 2025. 5 13. No later than two weeks prior to the expiration of the stay, December 19, 2024, 6 the Parties will meet and confer and file a joint status report to update the Court on the status 7 of the audits, settlement, and, if not settled, a schedule for how the Parties intend to complete 8 discovery. 9 DATED: October 14, 2024. 10 CHRISTENSEN JAMES & MARTIN BUCHALTER 11 By: s/Wesley J. Smith, per email approval By: s/Michelle Q. Pham 12 Wesley J. Smith, WSBA #51934 Bradley P. Thoreson, WSBA #18190 7440 W. Sahara Ave. bthoreson@buchalter.com 13 Las Vegas, NV 89021 Michelle Q. Pham, WSBA # 44286 (702) 255-1718 mpham@buchalter.com 14 wes@cjmlv.com Counsel for Plaintiffs Board of Trustees of 1420 Fifth Avenue, Suite 3100 15 the Employee Painters’ Trust, et al. Seattle, WA 98101 (206) 319-7052 16 Counsel for Defendants Marin Bros., Inc., Abel Marin, and Jennifer Garcia 17
18 19
23 24 25 26 2 Good Cause Appearing, in accordance with the foregoing Stipulation, these proceedings 3 and all unexpired deadlines set forth in the Court’s February 5, 2024 Order [ECF No. 24] and shall 4 be stayed for an additional sixty (60) days to January 2, 2025. No later than two weeks prior to the 5 expiration of the stay, December 19, 2024, the Parties will meet and confer and file a joint status 6 4 report to update the Court on the status of the audits, settlement, and, if not settled, a schedule for
g how the Parties intend to complete discovery. gl // 10 DATED this 15th day of October, 2024.
12 HONORABLE TANA LIN 13 United States District Judge 14 Presented by: 16 . By:___s/Michelle Q. Pham 17 Bradley P. Thoreson, WSBA #18190 bthoreson@buchalter.com 18 Michelle Q. Pham, WSBA # 44286 mpham@buchalter.com 19 1420 Fifth Avenue, Suite 3100 20 Seattle, WA 98101 (206) 319-7052 Counsel for Defendants Marin Bros., Inc., Abel Marin, and Jennifer Garcia 22 23 24 25 26
THIRD STIPULATION AND ORDER TO STAY PROCEEDINGS - 5 BUCHALTER CASE NO.: 2:23-CV-00483-TL 1420 FIFTH AVENUE, SUITE 3100
Free access — add to your briefcase to read the full text and ask questions with AI
1 The Honorable Tana Lin 2 3 4 5 6 FOR THE WESTERN DISTRICT OF WASHINGTON 9 BOARD OF TRUSTEES OF THE Case No.: 2:23-cv-00483-TL EMPLOYEE PAINTERS' TRUST; BOARD 10 OF TRUSTEES OF THE WESTERN THIRD STIPULATION AND ORDER TO WASHINGTON PAINTERS DEFINED STAY PROCEEDINGS 11 CONTRIBUTION PENSION TRUST; BOARD OF TRUSTEES OF THE DISTRICT Noting Date: October 14, 2024 12 COUNCIL NO. 5 APPRENTICESHIP AND TRAINING TRUST FUND; BOARD OF PAINTERS AND ALLIED TRADES 14 INDUSTRY PENSION FUND; BOARD OF TRUSTEES OF THE FINISHING TRADES 15 INSTITUTE; THE PAINTERS AND ALLIED TRADES LABOR-MANAGEMENT 16 COOPERATION INITIATIVE; WESTERN WASHINGTON SIGNATORY PAINTING 17 EMPLOYERS ASSOCIATION; NORTHWEST WALL 7 CEILING 18 CONTRACTORS ASSOCIATION; INTERNATIONAL UNION OF PAINTERS COUNCIL NO. 5, 20 Plaintiffs, 21 v. 22 MARIN BROS., INC., an Illinois corporation; 23 ABEL MARIN, an individual; JENNIFER GARCIA, an individual; DOES & ROES I-X, 24 Defendants. 25
26 1 The Plaintiffs, Board of Trustees of The Employee Painters’ Trust, et al. (collectively 2 the “Plaintiffs”), and Defendants Marin Bros., Inc., Abel Marin, and Jennifer Garcia 3 (collectively the “Defendants”) (Plaintiffs and Defendants are collectively referred to herein as 4 the “Parties”), each acting by and through their undersigned counsel, respectfully file this 5 Stipulation to Stay Proceedings. This Stipulation is the Parties’ third request to stay the 6 proceedings and is made for cause and not for the purpose of delay. This Stipulation is made 7 with respect to the following: 8 1. The Court issued an Order Setting Bench Trial Date and Related Dates on 9 October 27, 2023 [ECF No. 17]. The Court has since issued two orders granting the Parties’ 10 Stipulated Motion to Extend Deadlines on May 7, 2024 and July 23, 2024, the latest of which 11 stayed the proceedings and all unexpired deadlines to November 3, 2024 [ECF Nos. 24, 28, 12 31, 33]. 13 2. This case centers on alleged fringe benefit contribution payment obligations 14 arising from Collective Bargaining Agreements (“CBA”) between the International Union of 15 Painters and Allied Trades District Council No. 5 (“Union”) and Defendant Marin Bros., Inc. 16 (“Marin Bros”). 17 3. The Plaintiffs, as employee benefit trust funds governed by the Employee 18 Retirement Income Security Act (“ERISA”), have alleged the right to be paid certain fringe 19 benefit contributions and related damages for work performed by Marin Bros’ employees 20 pursuant to the terms of the CBA. 21 4. The Plaintiffs alleged in the Complaint [ECF No. 1] the right to perform a 22 payroll compliance review (audit) of Marin Bros’ payroll and related records to determine the 23 extent of contributions of contributions owed to the Plaintiffs. See Cent. States, Se. & Sw. 24 Areas Pension Fund v. Cent. Transp., Inc., 472 U.S. 559, 573-74 (1985) (discussing the role 25 of a payroll auditor in determining unpaid contributions). 26 5. Since the filing of the Complaint and since the Court’s Orders to Stay 1 Proceedings, the parties continued to engage in diligent discovery, have worked together to 2 avoid any court intervention of discovery issues, and have cooperated with sharing documents 3 and information so that an audit of Marin Bros’ records could be performed by a professional 4 accounting firm engaged by the Plaintiffs. 5 6. In the parties’ last stipulation and request to stay proceedings, the parties noted 6 how Plaintiffs’ auditor had completed a draft audit for the period of January 1, 2023 through 7 September 30, 2023 (“Second Audit Period”). Defendants believe that this case involved 8 potential mistakes in payments for contributions either (1) not owed to Plaintiffs or (2) covered 9 in Plaintiffs’ scope but accidentally paid to another entity. Defendants required additional time 10 to obtain and gather additional documents regarding its payroll and payment of contributions 11 and for Defendants’ separate professional accounting firm to review and prepare a report for 12 the Second Audit Period. 13 7. Since then, Defendants have been delayed in obtaining substantive information 14 in part due to technological issues preventing access to some documentation and, in turn, 15 Defendants are providing information to Plaintiffs on October 18, 2024, so that the parties can 16 further assess the claims and meaningfully prepare for settlement discussions. 17 8. The parties also expect that they would soon have competing audit reports that 18 would need to be reviewed and evaluated before discovery in this case can continue. 19 9. Additionally, the Parties hope to engage in meaningful settlement negotiations 20 once final audit results are issued by each auditor. The Parties are committed to their ongoing 21 obligation to explore settlement options in this case. 22 10. The Parties agree that a sixty (60) day stay of proceedings is warranted due to 23 the need to complete the audits and to allow for discussion of the results of the audits and 24 potential settlement. 25 11. This Stipulation is made to avoid unnecessary expenditure of resources in 26 litigation and is not intended to delay or for any improper purpose. 1 12. Accordingly, the Parties by and through their undersigned counsel, stipulate 2 and agree, subject to the Court’s approval, that these proceedings and all unexpired deadlines 3 set forth in the Court’s February 5, 2024 Order [ECF No. 24] shall be stayed an additional 4 sixty (60) days to January 2, 2025. 5 13. No later than two weeks prior to the expiration of the stay, December 19, 2024, 6 the Parties will meet and confer and file a joint status report to update the Court on the status 7 of the audits, settlement, and, if not settled, a schedule for how the Parties intend to complete 8 discovery. 9 DATED: October 14, 2024. 10 CHRISTENSEN JAMES & MARTIN BUCHALTER 11 By: s/Wesley J. Smith, per email approval By: s/Michelle Q. Pham 12 Wesley J. Smith, WSBA #51934 Bradley P. Thoreson, WSBA #18190 7440 W. Sahara Ave. bthoreson@buchalter.com 13 Las Vegas, NV 89021 Michelle Q. Pham, WSBA # 44286 (702) 255-1718 mpham@buchalter.com 14 wes@cjmlv.com Counsel for Plaintiffs Board of Trustees of 1420 Fifth Avenue, Suite 3100 15 the Employee Painters’ Trust, et al. Seattle, WA 98101 (206) 319-7052 16 Counsel for Defendants Marin Bros., Inc., Abel Marin, and Jennifer Garcia 17
18 19
23 24 25 26 2 Good Cause Appearing, in accordance with the foregoing Stipulation, these proceedings 3 and all unexpired deadlines set forth in the Court’s February 5, 2024 Order [ECF No. 24] and shall 4 be stayed for an additional sixty (60) days to January 2, 2025. No later than two weeks prior to the 5 expiration of the stay, December 19, 2024, the Parties will meet and confer and file a joint status 6 4 report to update the Court on the status of the audits, settlement, and, if not settled, a schedule for
g how the Parties intend to complete discovery. gl // 10 DATED this 15th day of October, 2024.
12 HONORABLE TANA LIN 13 United States District Judge 14 Presented by: 16 . By:___s/Michelle Q. Pham 17 Bradley P. Thoreson, WSBA #18190 bthoreson@buchalter.com 18 Michelle Q. Pham, WSBA # 44286 mpham@buchalter.com 19 1420 Fifth Avenue, Suite 3100 20 Seattle, WA 98101 (206) 319-7052 Counsel for Defendants Marin Bros., Inc., Abel Marin, and Jennifer Garcia 22 23 24 25 26
THIRD STIPULATION AND ORDER TO STAY PROCEEDINGS - 5 BUCHALTER CASE NO.: 2:23-CV-00483-TL 1420 FIFTH AVENUE, SUITE 3100
2 I hereby certify under penalty of perjury under the laws of the United States of America 3 that on October 14, 2024, I electronically filed the foregoing with the Clerk of the Court using 4 the CM/ECF System which will automatically generate a Notice of Electronic Filing (NEF) to 5 all parties in the case who are registered users of the CM/ECF system and are listed below as 6 follows: 7
8 Wesley J. Smith Christensen James & Martin 9 7440 W Sahara Ave 10 Las Vegas, NV 89117 702-255-1718 11 wes@cjmlv.com
12 Michael A. Urban The Urban Law Firm 13 321 Burnett Ave. S, Ste 200 14 Renton, WA 98057 702-968-8087 15 murban@theurbanlawfirm.com
16 by: 17 by CM/ECF 18 by Electronic Mail 19
20 /s/Marci L. Brandt Marci L. Brandt, Legal Assistant 21 22 23 24 25 26