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

Filing 54

STIPULATION and ORDER to DISMISS Claims Subject to Settlement Agreement, signed by District Judge Lawrence J. O'Neill on 9/12/13: Plaintiffs' Claims Against ACIC Are Hereby DISMISSED WITH PREJUDICE. (Hellings, J)

1 MICHAEL E. MOSS 63408
HENRY Y. CHIU 222927
2 MOSS, TUCKER, CHIU, HEBESHA & WARD
A Professional Corporation
3 5260 North Palm Avenue, Suite 205
Fresno, California 93704
4 Telephone: [phone]
5 Attorneys for Plaintiffs
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

10

* * *

11 BOARD OF TRUSTEES OF IBEW LOCAL
UNION NO. 100 PENSION TRUST FUND;
12 IBEW LOCAL UNION NO. 100 HEALTH
AND WELFARE TRUST FUND; JOINT
13 ELECTRICAL INDUSTRY TRAINING
TRUST FUND; NATIONAL ELECTRICAL
14 BENEFIT FUND; and IBEW DISTRICT NO.
9 PENSION PLAN TRUST FUND,
15
Plaintiffs,
16
v.
17
WILLIAM CHARLES PORGES, individually
18 and doing business as ACCELERATED
ELECTRIC; PORGES ENTERPRISES INC.,
19 doing business as ACCELERATED
ELECTRIC, INC.; AMERICAN
20 CONTRACTORS INDEMNITY COMPANY;
and DOES 1 through 50,
21
Defendants.
22

Case No. 1:11-cv-02048-LJO-SKO

STIPULATION AND ORDER TO
DISMISS CLAIMS SUBJECT TO
SETTLEMENT AGREEMENT
[FRCP, RULE 41]

Complaint Filed: December 13, 2011
Trial Date: June 25, 2013

23
24

Plaintiffs BOARD OF TRUSTEES OF: IBEW LOCAL UNION NO. 100 PENSION

25 TRUST FUND; IBEW LOCAL UNION NO. 100 HEALTH AND WELFARE TRUST FUND;
26 JOINT ELECTRICAL INDUSTRY TRAINING TRUST FUND; NATIONAL ELECTRICAL
27 BENEFIT FUND; and IBEW DISTRICT NO. 9 PENSION PLAN TRUST FUND (collectively,
MOSS, TUCKER, CHIU,
HEBESHA & WARD PC

28 “Plaintiffs”) and defendant AMERICAN CONTRACTORS INDEMNITY COMPANY

5260 NORTH PALM AVE. #205
FRESNO, CA 93740

1
STIPULATION AND ORDER TO DISMISS CLAIMS SUBJECT TO SETTLEMENT AGREEMENT

1 (“ACIC”), being the only parties that have appeared in the present action, hereby stipulate, and
2 request an order, that the Court dismiss Plaintiffs’ claims against ACIC, with prejudice, due to
3 the Parties’ settlement of said claims.
4

Dated: September 12, 2013.

MOSS, TUCKER, CHIU, HEBESHA & WARD PC

5
By
6

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

7
8

Dated: September 11 , 2013.

LANAK & HANNA, P.C.

9
By
10
11

/s/ Robert J. Stroj
ROBERT J. STROJ
Attorney for the Defendant, AMERICAN
CONTRACTORS INDEMNITY COMPANY

12
13
ORDER

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15

PLAINTIFFS’ CLAIMS AGAINST ACIC ARE HEREBY DISMISSED WITH

16 PREJUDICE.
17
18
19 IT IS SO ORDERED.
20
21

September 12, 2013

Dated:

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

66h44d

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24
25
26
27
MOSS, TUCKER, CHIU,
HEBESHA & WARD PC

28

5260 NORTH PALM AVE. #205
FRESNO, CA 93740

2
STIPULATION AND ORDER TO DISMISS CLAIMS SUBJECT TO SETTLEMENT AGREEMENT