Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund et al v. Porges

Filing 24

STIPULATION and ORDER to DISMISS Action Subject to Settlement Agreement signed by Judge Oliver W. Wanger on 5/24/2011. CASE CLOSED. (Sant Agata, S)

1 MICHAEL E. MOSS 63408
HENRY Y. CHIU 222927
2 MOSS, TUCKER, CHIU, HEBESHA & WARD PC
A Professional Corporation
3 5260 North Palm Avenue, Suite 205
Fresno, California 93704
4 Telephone: [phone]
5 Attorneys for Plaintiffs
6 CHAD T. WISCHUK 214779
MARKS, GOLIA & FINCH, LLP
7 8620 Spectrum Center Boulevard, Suite 900
San Diego, California 92123
8 Telephone: [phone]
9 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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* * *

13 BOARDS OF TRUSTEES OF IBEW LOCAL
UNION NO. 100 PENSION TRUST FUND;
14 IBEW LOCAL UNION NO. 100 HEALTH
AND WELFARE TRUST FUND; JOINT
15 ELECTRICAL INDUSTRY TRAINING
TRUST FUND; NATIONAL ELECTRICAL
16 BENEFIT FUND; and BOARD OF
TRUSTEES of IBEW DISTRICT NO. 9
17 PENSION PLAN TRUST FUND,

STIPULATION AND ORDER TO
DISMISS ACTION SUBJECT TO
SETTLEMENT AGREEMENT

Plaintiffs

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19

Case No. 1:09-CV-02170

vs.

20 WILLIAM CHARLES PORGES, individually
and doing business as ACCELERATED
21 ELECTRIC,
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Defendant.

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Plaintiffs Boards of Trustees of IBEW Local Union No. 100 Pension Trust Fund, IBEW
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Local Union No. 100 Health and Welfare Trust Fund, Joint Electrical Industry Training Trust
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Fund, National Electrical Benefit Fund, and IBEW District No. 9 Pension Plan Trust Fund
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LAW OFFICES

Moss, Tucker, Chiu,
Hebesha & Ward
A PROFESSIONAL CORPORATION
5260 NORTH PALM AVENUE
SUITE 205
FRESNO, CA 93704

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(collectively, “Plaintiffs”) and defendant William Charles Porges, individually and dba
Accelerated Electric (“Defendant”) hereby stipulate, and request an order, as to the following:
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STIPULATION AND ORDER TO DISMISS ACTION SUBJECT TO SETTLEMENT AGREEMENT

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1.

that the Court dismiss the present action, without prejudice, due to the parties’

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settlement of the action pursuant to a written “Settlement Agreement Between

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IBEW Local Union No. 100 Trust Funds and William Charles Porges”; and

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2.

that the Court retain jurisdiction to enforce the terms of said Agreement.

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Dated: May 24 , 2011.

MOSS, TUCKER, CHIU, HEBESHA & WARD
A Professional Corporation

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By
/s/ Henry Y. Chiu
HENRY Y. CHIU
Attorney for Plaintiffs

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Dated: May 24 , 2011.

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MARKS, GOLIA & FINCH, LLP
A Limited Liability Partnership

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By
/s/ Chad T. Wishchuk
CHAD T. WISHCHUK,
Attorney for Defendant

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ORDER

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THE ABOVE CAPTIONED ACTION IS HEREBY DISMISSED WITHOUT

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17 PREJUDICE. THE COURT SHALL RETAIN JURISDICTION TO ENFORCE THE TERMS
18 OF THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES.
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20 IT IS SO ORDERED.
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Dated:

May 24, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

23 emm0d64h
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LAW OFFICES

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Moss, Tucker, Chiu,
Hebesha & Ward
A PROFESSIONAL CORPORATION
5260 NORTH PALM AVENUE
SUITE 205
FRESNO, CA 93704

2
STIPULATION AND ORDER TO DISMISS ACTION SUBJECT TO SETTLEMENT AGREEMENT