Bricklayers and Allied Craftworkers Local Union No. 3, AFL-CIO et al v. Vassallo Tile Marble & Granite Corp et al

Filing 43

STIPULATION AND ORDER FOR RETENTION OF JURISDICTION re doc 42 filed by Trustees of the Northern California Tile Industry Apprenticeship and Training Trust Fund, et al. Defendants Antonio and Giovanni Vassallo shall remain parties in this action until their dismissal or until 2/1/2013. The court shall retain jurisdiction in this matter for the purpose of entering the judgment against defendants. Signed by Chief Judge Vaughn R Walker on 3/23/2010. (cgk, COURT STAFF) (Filed on 3/23/2010)

1 2 3 4

Kent Khtikian, Esq. (#99843) Katzenbach and Khtikian 1714 Stockton Street, Suite 300 San Francisco, California 94133-2930 Telephone: [phone] Facsimile: (415 834-1842 Attorney for Plaintiffs

5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS plaintiffs and defendants have entered into a 25 settlement agreement on the record which resolves plaintiffs 26 claims against Antonio Vassallo and Giovanni Vassallo only and 27 only the third claim for relief against Vassallo Tile, Marble & 28 Granite Corp (leaving other claims for relief against Vassallo
STIPULATION FOR ENTRY OF ORDER FOR RETENTION OF JURISDICTION Case No. CV-09-0371 VRW

BRICKLAYERS AND ALLIED CRAFTWORKERS ) CASE NO. CV 09-0371 VRW LOCAL UNION NO. 3, AFL-CIO; ) (EMC) TRUSTEES OF THE NORTHERN CALIFORNIA ) TILE INDUSTRY PENSION TRUST; TRUSTEES )STIPULATION FOR ENTRY OF OF THE NORTHERN CALIFORNIA TILE )ORDER FOR RETENTION OF INDUSTRY HEALTH AND WELFARE TRUST FUND;)JURISDICTION TRUSTEES OF THE NORTHERN CALIFORNIA ) TILE INDUSTRY APPRENTICESHIP AND ) TRAINING TRUST FUND; TILE INDUSTRY ) PROMOTION FUND OF NORTHERN CALIFORNIA, ) INC., a not-for-profit California ) corporation; TILE EMPLOYERS CONTRACT ) ADMINISTRATION FUND; TRUSTEES OF THE ) INTERNATIONAL UNION OF BRICKLAYERS AND ) ALLIED CRAFTWORKERS PENSION FUND, ) ) Plaintiffs, ) ) vs. ) ) VASSALLO TILE, MARBLE & GRANITE CORP., ) a California corporation; AMERICAN ) CONTRACTORS INDEMNITY COMPANY, a ) California corporation; ANTONIO ) VASSALLO; GIOVANNI VASSALLO, ) ) Defendants. ) )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Tile pending and unresolved); WHEREAS the settlement agreement provides that the parties are to execute, at this time, a stipulation for entry of partial judgment and judgment form; WHEREAS the settlement agreement further provides that the plaintiffs are to hold the stipulation for entry of partial judgment and judgment form and not submit the form to the Court for entry of judgment until such time, if any, that defendants breach certain conditions set forth in the settlement agreement; WHEREAS the conditions which might be breached by defendants do not expire until August 1, 2012; and, WHEREAS it is likely that plaintiffs claims against the remaining defendant Vassallo Tile, Marble & Granite Corp., will be resolved before August 1, 2012 NOW THEREFORE, the parties agree to and request entry of the Order set forth below.

SO STIPULATED AND AGREED: Diemer, Whitman & Cardosi LLP

Dated: March 5, 2010

/s/ Judith Whitman Judith L. Whitman Attorney for Defendants

Katzenbach & Khtikian

Dated: March 15, 2010

/s/ Kent Khtikian Kent Khtikian Attorney for Plaintiffs

Attestation Of Concurrence
STIPULATION FOR ENTRY OF ORDER FOR RETENTION OF JURISDICTION Case No. CV-09-0371 VRW

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Kent Khtikian, declare that Judith Whitman has signed the Stipulation set forth above and that I have in my possession her signatures on this document. I declare under penalty of perjury that the foregoing is true and correct. Executed this 15th day of March 2010, in San Francisco, California.

/s/ Kent Khtikian Kent Khtikian ORDER IT IS HEREBY ORDERED that: 1. Antonio Vassallo and Giovanni Vassallo shall remain parties in this action, and shall not be dismissed, until the earlier of such time that plaintiffs request their dismissal or February 1, 2013. In the event the Plaintiffs have not earlier

sought entry of judgment against Antonio Vassallo and Giovanni Vassallo, Plaintiffs shall request the dismissal of Antonio Vassallo and Giovanni Vassallo no later than by February 1, 2013. 2. The Court shall retain jurisdiction in this matter for the purpose of entering the stipulation for judgment against defendants.
UNIT ED
S DISTRICT TE C TA

RT U O

March 23, 2010 Dated: __________________

ER

N

F D IS T IC T O R

STIPULATION FOR ENTRY OF ORDER FOR RETENTION OF JURISDICTION Case No. CV-09-0371 VRW

A

C

LI

aughn R Judge V

FO

Walker

R NIA

ERED _______________________________ O ORD IT IS S Edward M. Chen U.S. Magistrate Judge
NO

S

RT

H

3