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Case 2:13-cv-01995-MMM-PJW Document 27 Filed 08/16/13 Page 1 of 3 Page ID #:199

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ROSENFELD

A Professional Corporation

1001 Marina Village Parkway, Suite 200

WEINBERG, ROGER &

Alameda, California 94501

(510) 337-1001

LINDA BALDWIN JONES, Bar No. 178922
KRISTINA M. ZINNEN, Bar No. 245346
DANIEL S. BROME, Bar No. 278915
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone (510) 337-1001
Fax (510) 337-1023
E-Mail:[email protected]
Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

THE BOARD OF TRUSTEES, in their
capacities as Trustees of the BUTCHER
AND PROVISION WORKERS
PENSION FUND OF SOUTHERN
CALIFORNIA,

Plaintiffs,

No. 13-cv-01995-MMM-PJWx

DECLARATION OF MICHAEL
SCHUMACHER IN SUPPORT OF
PLAINTIFFS’ OPPOSITION TO
DEFENDANT’S MOTION TO
COMPEL ARBITRATION

v.

SPECIALTY MEATS, INC.; JAFACO
HOLDING, INC.; DOES 1 through 20,

Defendants.

I, MICHAEL SCHUMACHER, declare:
1.

I am Executive Vice President of Associated Third Party

Administrators (hereinafter “Fund Office”) and am the Fund Manager for several
trust funds, including the Butcher and Provision Workers Pension Fund of Southern
California (hereinafter “Pension Fund”), the Plaintiff in the above-captioned matter.
My business address is 1640 South Loop Road, Alameda, California, 94502, and
my business telephone number is (510) 337-3330. I have worked for ATPA for 31
years. In the course of my duties as the Fund Manager, I became familiar with the

DECLARATION OF MICHAEL SCHUMACHER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT’S MOTION TO
COMPEL ARBITRATION
CASE NO. 13-CV-01995-MMM-PJWX

Case 2:13-cv-01995-MMM-PJW Document 27 Filed 08/16/13 Page 2 of 3 Page ID #:200

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ROSENFELD

A Professional Corporation

1001 Marina Village Parkway, Suite 200

WEINBERG, ROGER &

Alameda, California 94501

(510) 337-1001

account of Specialty Meats, Inc. (hereinafter “Employer”). I therefore have
personal knowledge of the matters stated herein and could competently testify to
them if called upon to do so at trial.

2.

As part of the normal course of business, my office maintains copies of
all trust agreements, collective bargaining agreements, and other related documents
for the Pension Fund, including copies of notices sent to participating employers. I
am familiar with these documents.

3.

On or about April 30, 2009, there was a mass withdrawal of all

participating employers from the Pension Fund.

4.

On or about January 22, 2010, the Pension Fund sent a Notice of Initial

Withdrawal Liability to the Employer. A true and correct copy of the Notice of
Initial Withdrawal Liability is attached as Exhibit A.

5.

On or about January 22, 2010, the Pension Fund sent a Notice of
Redetermination Liability to the Employer. On or about January 25, 2010, the
Pension Fund sent a letter explaining the schedule of payments. A true and correct
copy of the Notice of Redetermination Liability with accompanying explanatory
letter is attached as Exhibit B.

6.

On or about July 26, 2010, the Pension Fund sent a Notice of

Reallocation Liability to the Employer. A true and correct copy of the Notice of
Reallocation Liability is attached as Exhibit C.

7.

On or about April 18, 2011, the Employer initiated arbitration

proceedings against the Pension Fund. A true and correct copy of the Notice of
Arbitration is attached as Exhibit D.

8.

On or about February 24, 2012, the Pension Fund received a copy of

the Arbitrator’s Decision and Order in the arbitration proceedings between the
Pension Fund and the Employer. A true and correct copy of the Arbitrator’s
Decision and Order is attached as Exhibit E.
/ / /

DECLARATION OF MICHAEL SCHUMACHER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT’S MOTION TO
COMPEL ARBITRATION
CASE NO. 13-CV-01995-MMM-PJWX

Case 2:13-cv-01995-MMM-PJW Document 27 Filed 08/16/13 Page 3 of 3 Page ID #:201

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 15th day of August 2013, at Alameda, California.

/s/ Michael Schumacher

MICHAEL SCHUMACHER

127871/730224

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ROSENFELD

A Professional Corporation

1001 Marina Village Parkway, Suite 200

WEINBERG, ROGER &

Alameda, California 94501

(510) 337-1001

DECLARATION OF MICHAEL SCHUMACHER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT’S MOTION TO
COMPEL ARBITRATION
CASE NO. 13-CV-01995-MMM-PJWX