Boards of Trustees of the Roofers Local 27 Health and Welfare Trust Fund et al v. Fryer Roofing Co., Inc. et al

Filing 31

STIPULATION and ORDER to Dismiss Claims by Plaintiff National Roofing Industry Pension Plan signed by Magistrate Judge Michael J. Seng on 7/30/2014. (Sant Agata, S)

1 HENRY Y. CHIU 222927
TUCKER, CHIU, HEBESHA & WARD PC
2 5260 North Palm Avenue, Suite 205
Fresno, California 93704
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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10 BOARDS OF TRUSTEES OF THE
ROOFERS LOCAL 27 HEALTH AND
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11 WELFARE TRUST FUND, NATIONAL )
ROOFING INDUSTRY PENSION PLAN, )
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12 ROOFERS LOCAL 27, FRESNO
ROOFING CONTRACTORS VACATION )
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13 FUND, and ROOFERS LOCAL 27
APPRENTICESHIP TRAINING FUND, )
)
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Plaintiffs,
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v.
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FRYER ROOFING CO., INC., a California )
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17 corporation; DAVID BRUCE FRYER;
LEIGH ANN FRYER; INTERNATIONAL )
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18 FIDELITY INSURANCE COMPANY;
and DOES 1 through 50, inclusive,
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Defendants.
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)
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Case No. 1:13-CV-01660-AWI-MJS
STIPULATION AND ORDER TO
DISMISS CLAIMS BY PLAINTIFF
NATIONAL ROOFING INDUSTRY
PENSION PLAN

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Plaintiff Board of Trustees of the National Roofing Industry Pension Plan (“NRIPP”),

23 defendants Fryer Roofing Co. Inc., David Bruce Fryer, Leigh Ann Fryer, International Fidelity
24 Insurance Company and Old Republic (collectively, “Defendants”) hereby stipulate, and request
25 an order, as to the following:
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5260 N. PALM AVE., STE. 205
FRESNO, CA 93704

that the Court dismiss NRIPP’s claims against Defendants, without prejudice; and

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TUCKER, CHIU,
HEBESHA & WARD PC

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2.

that each of the stipulating parties is to bear its own costs and attorneys’ fees

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incurred to date in this action.
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STIPULATION AND ORDER TO DISMISS CLAIMS BY PLAINTIFF NATIONAL ROOFING INDUSTRY PENSION PLAN

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This stipulation and requested order is between the NRIPP and Defendants only, and is

2 not intended to affect the claims asserted by the other Plaintiffs against Defendants.
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Dated: July 30, 2014.

TUCKER, CHIU HEBESHA & WARD
A Professional Corporation

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By

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

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Dated: July 30, 2014.

MOTSCHIEDLER, MICHAELIDES, ET AL.
A Limited Liability Partnership

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By

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/s/ Justin D. Harris
JUSTIN D. HARRIS
Attorney for Defendants

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ORDER

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The above Stipulation is accepted and adopted by the Court.

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The NRIPP’s claims against Defendants are hereby dismissed, without prejudice,

18 with the stipulating parties to bear their own respective costs and attorneys’ fees
19 incurred in litigation the claims between the stipulating parties.
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Said dismissal shall not affect, in any way, any of the claims asserted by the

21 remaining Plaintiffs against Defendants or their right, if any, to seek costs and attorney
22 fees from one another.
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24 IT IS SO ORDERED.
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Dated:

July 30, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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TUCKER, CHIU,
HEBESHA & WARD PC

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5260 N. PALM AVE., STE. 205
FRESNO, CA 93704

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STIPULATION AND ORDER TO DISMISS CLAIMS BY PLAINTIFF NATIONAL ROOFING INDUSTRY PENSION PLAN

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TUCKER, CHIU,
HEBESHA & WARD PC

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5260 N. PALM AVE., STE. 205
FRESNO, CA 93704

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STIPULATION AND ORDER TO DISMISS CLAIMS BY PLAINTIFF NATIONAL ROOFING INDUSTRY PENSION PLAN