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AMERICAN FEDERATION v. WORKERS OF AMERICA/NUHHCE

United States District Court, S.D. California


November 22, 2005.

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO and FLORA WALKER, as ADMINISTRATOR OF UNITED DOMESTIC WORKERS OF AMERICA/NUHHCE, AFSCME, AFL-CIO, Plaintiffs,
v.
UNITED DOMESTIC WORKERS OF AMERICA/NUHHCE, AFSCME, AFL-CIO; KEN SEATON-MSEMAJI; FAHARI JEFFERS; GLENDA PONDER; LENA PATTY; LOLA L. WALKER; PAT CORRERA; BARBARA HOFF; MARGARITA GONZALEZ; CHARLOTTE VALDERAMA; DAVID VALLADOLID; MARTHA MARIA GONZALEZ; MARIA GUZMAN; DORIS LAUGHLIN; CONNIE LIMONES; TRO VO; SHIRLEY ADAMS; and SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 434B, Defendants.

The opinion of the court was delivered by: BARRY MOSKOWITZ, District Judge

STIPULATION AND [PROPOSED] ORDER TO RESOLVE DISPUTES, ENTRY OF PERMANENT INJUNCTION, AND VACATION OF OSC RE: CONTEMPT
WHEREAS on or about June 17, 2005, Plaintiffs American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter "AFSCME") and Flora Walker, in her capacity as Administrator of United Domestic Workers of America/NUHHCE, AFSCME, AFL-CIO, filed a complaint in the above-captioned action for injunctive and declaratory relief arising under Section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185, Sections 302 and 304 of the Labor Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. §§ 462, 464, and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202;

  WHEREAS this Court granted Plaintiffs' application for a temporary restraining order on June 24, 2005, and further granted Plaintiffs' motion for a preliminary injunction on June 30, 2005;

  WHEREAS on or about July 26, 2005, Plaintiffs amended their complaint to add as a Defendant Service Employees International Union Local 434B ("SEIU Local 434B");

  WHEREAS this Court granted Plaintiffs' application for an Order to Show Cause Re: Contempt on August 9, 2005;

  WHEREAS the parties negotiated a settlement of the major issues remaining in this action, and memorialized that settlement in the Strength in Unity Agreement dated September 15, 2005 (a copy of which is attached as Exhibit A);

  WHEREAS at Plaintiffs' request, their application for an Order to Show Cause Re: Contempt was dismissed without prejudice on October 31, 2005;

  WHEREAS Individual Defendants have sought payment from Plaintiffs for the following disputed expenses and/or reimbursements claimed to be owed by Plaintiffs and UDW (collectively, the "Payment Disputes");

 

1. Individual Defendants allege that $5,831.94 in American Express charges is owed to Glenda Ponder;
2. Individual Defendants allege that $223.63 is owed to Shirley Adams;
3. Individual Defendants allege that $120.00 is owed to Tiffany Adams;
4. Individual Defendants allege that $510.70 is owed to Glenda Ponder;
5. Individual Defendants allege that $2,413.96 is owed to Carlos LeGerrette;
6. Individual Defendants allege that $1,262.88 is owed to Lola Walker; and 7. Individual Defendants allege that $14,000.00 is owed to Ken Seaton-Msemaji.
  WHEREAS Plaintiffs and Individual Defendants are diligently attempting to resolve the Payment Disputes, but in the event they are unable to do so, have agreed to present any remaining disputes to the Court for determination, with Plaintiffs reserving the right to argue that certain of the disputes should not be resolved by the Court in this action because they are not related to the administratorship imposed by Plaintiffs upon UDW;

  WHEREAS the Court has agreed to hear and resolve the Payment Disputes, if necessary;

  NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed to by and among Plaintiffs and Defendants, through their respective counsel, that if the parties cannot resolve the Payment Disputes, the Court will hear and resolve the Payment Disputes that are relevant to this action according to the following schedule:

1. Individual Defendants shall file and serve their motion re: Payment Disputes and supporting papers by November 23, 2005.
2. Plaintiffs shall file and serve opposition papers by December 2, 2005.
3. Individual Defendants shall file and serve reply papers, if any, by December 9, 2005.
4. Oral argument shall be heard on December 16, 2005, at 11:15 a.m. (PST).
  IT IS HEREBY FURTHER STIPULATED and agreed that, subject to the Court's retention of jurisdiction, if necessary, to resolve the Payment Disputes as set forth above, this action shall be settled as to all other issues upon the following conditions:

 

1. A permanent injunction shall be entered under which the terms of the preliminary injunction entered by this Court on June 30, 2005, shall remain in effect;
2. The $40,000 bond submitted by Plaintiffs pursuant to this Court's Order dated June 24, 2005, and pursuant to Southern District Local Civil Rule 65.1.2, shall be annulled and returned to Plaintiffs or their counsel;
3. SEIU Local 434B shall be dismissed with prejudice from the action; and
4. The Order to Show Cause Re: Contempt issued by this Court on August 9, 2005, shall be vacated with prejudice. ORDER
  Pursuant to the foregoing Stipulation and good cause having been shown, IT IS HEREBY ORDERED that unless the parties notify the Court that they have resolved the Payment Disputes set forth in the foregoing Stipulation without the need for further assistance, the Court will determine those "Payment Disputes" in accordance with the briefing and hearing schedule set forth in the Stipulation.

  IT IS FURTHER ORDERED THAT, subject to the Court's retention of jurisdiction for the purpose of resolving those Payment Disputes:

1. A permanent injunction is granted under which the terms of the preliminary injunction granted on June 30, 2005, shall remain in effect as a permanent injunction;
2. The $40,000 bond submitted by Plaintiffs pursuant to this Court's Order dated June 24, 2005, and pursuant to Southern District Local Civil Rule 65.1.2, is annulled and will be returned to Plaintiffs or their counsel;
3. SEIU Local 434B is dismissed with prejudice from the action; and
4. The Order to Show Cause Re: Contempt issued on August 9, 2005, is vacated with prejudice.
20051122

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