Board of Trustees et al v. Vargas & Esquivel Construction, Inc.

Filing 23

STIPULATION AND ORDER FOR DISMISSAL WITH RETAINED JURISDICTION. Signed by Judge Charles R. Breyer on 7/31/2009. (ls, COURT STAFF) (Filed on 7/31/2009)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

BARRY E. HINKLE, Bar No. 071223 NICOLE M. PHILLIPS, Bar No. 203786 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone [phone]/Facsimile [phone] Attorneys for Plaintiffs GENE A. FARBER Law Offices of Gene A. Farber 4258 26th Street San Francisco, CA 94131 Telephone [phone]/Facsimile [phone] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA; and THE BOARD OF TRUSTEES, in their capacities as Trustees of the CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS VACATION/HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS APPRENTICESHIP AND TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiffs, v. VARGAS & ESQUIVEL CONSTRUCTION, INC., a California Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:08-CV-5652-CRB

REQUEST FOR DISMISSAL WITH RETAINED JURISDICTION; [PROPOSED] ORDER

REQUEST FOR DISMISSAL WITH RETAINED JURISDICTION

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

PURSUANT TO THE PROVISIONS of the written settlement agreement between the parties, which resolve all outstanding claims for damages, attorneys fees, litigation expenses and costs, and which directs the plaintiffs to request dismissal of the action with prejudice, but to request that the District Court retain jurisdiction to interpret and enforce the settlement agreement, PLAINTIFF HEREBY REQUESTS that the action be dismissed with prejudice but with the Court retaining special jurisdiction for no more than fifteen (15) months to interpret and enforce the agreement. Dated: July 28, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: //s// Signature Authorized NICOLE M. PHILLIPS Attorneys for Plaintiffs Dated: July 28, 2009 LAW OFFICES OF GENE A. FARBER By: //s// Signature Authorized GENE A. FARBER Attorneys for Defendant

[PROPOSED ] ORDER SO ORDERED.

___________________________________________.
July 31, 2009 Dated: ________________

HON. CHARLES BREYER Judge of U. S. District Court

120217/538890

REQUEST FOR DISMISSAL WITH RETAINED JURISDICTION