Board of Trustees of the Sheet Metal Workers Local 104 Health Care Plan et al v. Acosta Sheet Metal Manufacturing Company, Inc.

Filing 6

ORDER DISMISSING CASE. Within 365 days from the date hereof, that the agreed consideration for the settlement ha not been delivered over, this order shall stand vacated, and the action shall be restored to the civil active calendar. Signed by Judge Illston on 7/10/09. (ts, COURT STAFF) (Filed on 7/10/2009)

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Case3:09-cv-01307-SI Document5 Filed07/09/09 Page1 of 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 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: (415) 392-5431 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BOARD OF TRUSTEES OF THE SHEET METAL ) WORKERS, et al., ) ) ) Plaintiffs, ) ) vs. ) ) ACOSTA SHEET METAL MANUFACTURING ) COMPANY, INC., a California ) corporation, ) Defendant. ) ____________________________________ ) NO. C 09 1307 SI CONDITIONAL (PROPOSED) ORDER FOR DISMISSAL Plaintiffs' counsel having advised the Court that the parties have agreed to a payment plan that will be finished within 365 days. IT IS HEREBY ORDERED that this action is dismissed with prejudice; provided, however, that if any party hereto shall certify to this Court, with a proof of service of a copy on the opposing party or counsel, within 365 days from the date hereof, that the agreed consideration for the settlement has not been delivered over, this Order shall stand vacated, and the action shall be restored to the civil active calendar. Dated: ________________ UNITED STATES DISTRICT COURT _________________________________ Honorable Susan Illston PROPOSED ORDER FOR CONDITIONAL DISMISSAL Case3:09-cv-01307-SI Document5 Filed07/09/09 Page2 of 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 PROOF OF SERVICE I am a citizen of the United States and employed in the City and County of San Francisco, California. I am over the age of eighteen years and not a party to the within above entitled action; my business address is 220 Montgomery Street, Suite 303, San Francisco, California 94104. On July 9, 2009 I served the within PROPOSED ORDER FOR CONDITIONAL DISMISSAL on the defendant in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box at San Francisco, California, addressed as follows: Sal J. Acosta Acosta Sheet Metal 930 Remillard Court San Jose, CA 95122 I, SHARON EASTMAN, certify (or declare), under penalty of perjury that the foregoing is true and correct. Executed on July 9, 2009 at San Francisco, California. /s/Sharon Eastman Sharon Eastman

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