United States District Court, C.D. California
GCIU-EMPLOYER RETIREMENT FUND AND BOARD OF TRUSTEES OF THE GCIU-EMPLOYER RETIREMENT FUND, Plaintiff,
QUAD/GRAPHICS, INC., Defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER
GRANTING DEFENDANT'S MOTIONS IN LIMINE NOS. 3 & 4
D. WRIGHT, II UNITED STATES DISTRICT JUDGE.
September 27 and 28, 2017, the Court held a bench trial on a
bifurcated issue in this ERISA action. (ECF Nos. 139, 140.)
Plaintiffs (collectively “ERF”) filed this
lawsuit alleging that Defendant (“Quad”) failed
to make required pension contributions to ERF under various
collective bargaining agreements (“CBAs”).
Quad defined the issue at trial as:
Whether [ERF] ha[s] satisfied their burden of proof in
showing that [Quad] is obligated under its CBAs and
[ERF]'s Trust Agreement to make any contributions, and if
so, under which terms, in what amount, and for what period of
(Pretrial Order, ECF No. 120-1.) At the final pretrial
conference on September 22, 2017, the Court bifurcated the
trial. (See Min. Order, ECF No. 133.) The first
phase addressed whether ERF could support its claim of
contribution damages as shown in ERF's Exhibit 81
(“Exhibit 81”). (Id.) ERF purports that
Exhibit 81 is a summary of contributions Quad owes ERF for
vacation entitlements in 2011 under the relevant CBAs at
facilities in Dickson, Tennessee (“Dickson”),
Fernley, Nevada (“Fernley”), Waukee, Iowa
(“Waukee”), and Versailles, Kentucky
pending before the Court are Defendant's Motions in
Limine Nos. 3 & 4, which seek to exclude Exhibit 81.
phase one of the bifurcated bench trial, the parties elicited
• Teresa Roberts, a former Quad employee;
• Jane Downs, a Quad employee;
• Judith Knore, assistant administrator of the
GCIU-Employer Retirement Fund;
• Carl Coates, an auditor retained by ERF.
trial, the parties submitted briefing. (ECF Nos. 147,
148.) Having carefully reviewed and considered the evidence
and the arguments of counsel as presented at trial and in
their written submissions, the Court issues the following
findings of fact and conclusions of law pursuant to Federal
Rule of Civil Procedure 52(a). To the extent that any finding
of fact constitutes a conclusion of law, it is adopted as
such, and vice versa.
FINDINGS OF FACT
Plaintiff GCIU-Employer Retirement Fund (the
“Fund”) is a multiemployer pension plan within
the meaning of 29 ...