Trustees on Behalf of the Northern California General Teamsters Security Fund v. Fresno French Bread Bakery et al

Filing 67

STIPULATION and ORDER to DISMISSAL without Prejudice and to Retention of Jurisdiction by the Court signed by District Judge Lawrence J. O'Neill on 8/13/2013. CASE CLOSED. (Sant Agata, S)

JOHN C. PROVOST, SBN 125458
BEESON, TAYER & BODINE, APC
520 Capitol Mall, Suite 300
Sacramento, CA 95814-4714
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiffs,
TRUSTEES ON BEHALF OF THE NORTHERN
CALIFORNIA GENERAL TEAMSTERS SECURITY FUND

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Fresno Division

TRUSTEES ON BEHALF OF THE
NORTHERN CALIFORNIA GENERAL
TEAMSTERS SECURITY FUND,
Plaintiffs,

Case No. 12-CV-00187 LJO-BAM
STIPULATION TO DISMISSAL
WITHOUT PREJUDICE AND TO
RETENTION OF JURISDICTION
BY THE COURT, AND ORDER

v.
FRESNO FRENCH BREAD BAKERY, INC.,
d/b/a BASQUE FRENCH BAKERY and ALVIN
LEWIS, an individual,

Complaint Filed: February 9, 2012
Trial Date:
October 22, 2013

Defendants.

Plaintiffs, the TRUSTEES ON BEHALF OF THE NORTHERN CALIFORNIA GENERAL
TEAMSTERS SECURITY TRUST, and Defendants FRESNO FRENCH BREAD BAKERY, INC.
d/b/a BASQUE FRENCH BAKERY and ALVIN LEWIS, hereby stipulate to the dismissal of this
action without prejudice on the terms and conditions as follow:
Plaintiffs and Defendants have agreed to settle this action in its entirety on terms that
will require payments from Defendants to Plaintiffs during the period June, 2013 through July, 2014.
The parties have also agreed to execute a stipulation to judgment to that effect, which they agree not

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to file with the Court unless there is a default by Defendants. In the event that there is a default and
Plaintiffs seek to file the stipulation to judgment, the parties wish the Court to retain jurisdiction of
this matter to enable Plaintiffs to do so. Accordingly, the parties stipulate to the dismissal of this
action without prejudice and to the Court retaining jurisdiction of this matter during the payment
period set forth above and for a reasonable time thereafter in the event Plaintiffs do seek to file the
stipulation to judgment between the parties. If Plaintiffs do not attempt to do so by September 30,
2014, the parties will file a dismissal of this action with prejudice.

IT IS SO STIPULATED:
Dated: _________________________

BEESON, TAYER & BODINE, APC
By: ______________________________
John Provost
Attorneys for Plaintiffs, the TRUSTEES
OF THE NORTHERN CALIFORNIA
GENERAL TEAMSTERS SECURITY

Dated: _________________________

LAW OFFICE OF LAURENCE F. PADWAY
By: ______________________________
Laurence F. Padway
Attorneys for Defendants and CrossComplainants FRESNO FRENCH BREAD
BAKERY, INC. d/b/a BASQUE FRENCH
BAKERY, and ALVIN LEWIS, an
individual

Pursuant to the parties' stipulation, this Court DISMISSES without prejudice this entire action
and all claims with the expectation that the parties will later file a stipulation to dismiss with
prejudice this entire action and all claims.

IT IS SO ORDERED.
Dated:

August 13, 2013

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

DEAC_Signature-END:

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