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

Filing 38

STIPULATION and ORDER to DISMISS: Old Republic Surety Company only, with prejudice, signed by Magistrate Judge Michael J. Seng on 10/28/14. (Martin-Gill, S)

1 HENRY Y. CHIU 222927
TUCKER, CHIU, HEBESHA & WARD PC
2 642 Pollasky Avenue, Suite 230
Clovis, California 93612
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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Case No. 1:13-CV-01660-AWI-MJS
STIPULATION AND ORDER TO
DISMISS OLD REPUBLIC SURETY
COMPANY WITH PREJUDICE

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Plaintiffs Boards of Trustees of the Roofers Local 27 Health and Welfare Trust Fund,

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23 Roofers Local 27, Fresno Roofing Contractors Vacation Fund and Roofers Local 27
24 Apprenticeship Training Fund (collectively, “Plaintiffs”)1 and defendant Old Republic Surety
25 Company (“Old Republic,” referred to as DOE 41 in the original Complaint) hereby stipulate,
26 and request an order, as to the following:
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TUCKER, CHIU,
HEBESHA & WARD PC
642 POLLASKY AVE., #230
CLOVIS, CA 93612

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Former plaintiff National Roofing Industry Pension Plan previously dismissed its claims
against all Defendants, and is therefore no longer a party to this action, or this Stipulation.
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STIPULATION AND ORDER TO DISMISS OLD REPUBLIC SURETY COMPANY WITH PREJUDICE

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that the Court dismiss Old Republic from the present action, with prejudice; and

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that Plaintiffs and Old Republic shall each bear its own costs and attorneys’ fees

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incurred in litigating the claims with respect to one another.
This stipulation and requested order is between Plaintiffs and Old Republic only, and is

5 not intended to affect the claims asserted by Plaintiffs against the other Defendants, or any right
6 of Plaintiffs or the other Defendants, if any, to seek costs and attorneys’ fees from one another.
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Dated: October 9, 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: October 9, 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 Old Republic

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ORDER

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The above Stipulation is accepted and adopted by the Court.

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Plaintiffs’ claims against Old Republic are hereby dismissed, with prejudice, with the

20 stipulating parties to bear their own respective costs and attorneys’ fees incurred in litigating the
21 claims between themselves.
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Said dismissal shall not affect, in any way, any of the claims asserted by Plaintiffs against

23 the remaining Defendants, or their right of Plaintiffs or the other Defendants, if any, to seek costs
24 and attorneys’ fees from one another.
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26 IT IS SO ORDERED.
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TUCKER, CHIU,
HEBESHA & WARD PC

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Dated:

October 28, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

642 POLLASKY AVE., #230
CLOVIS, CA 93612

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STIPULATION AND ORDER TO DISMISS OLD REPUBLIC SURETY COMPANY WITH PREJUDICE

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TUCKER, CHIU,
HEBESHA & WARD PC

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642 POLLASKY AVE., #230
CLOVIS, CA 93612

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STIPULATION AND ORDER TO DISMISS OLD REPUBLIC SURETY COMPANY WITH PREJUDICE