Board of Trustees of the Pipe Trades District Council No. 36 Health & Welfare Trust Fund et al v. Summit Mechanical Systems, Inc. et al

Filing 48

ORDER GRANTING 46 Stipulation to Dismiss Action Subject to Settlement Agreement. Signed by Judge Jeffrey S. White on 3/28/11. (jjoS, COURT STAFF) (Filed on 3/28/2011)

Board of Trustees of the Pipe Trades District Council No. 36 Healt... Mechanical Systems, Inc. et al

Doc. 48

1 MICHAEL E. MOSS 63408 HENRY Y. CHIU 222927 2 MOSS, TUCKER, CHIU, HEBESHA & WARD PC A Professional Corporation 3 5260 North Palm Avenue, Suite 205 Fresno, California 93704-2215 4 Telephone: [phone] Attorneys for Plaintiffs 6 ROBERT J. WILGER 168402 NATHALIE A. LE NGOC 254376 7 LITTLER MENDELSON A Professional Corporation 8 50 West San Fernando, 15th Floor San Jose, California 95113-2303 9 Telephone: [phone] Attorneys for Defendants 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA * * * Case No. CV09-04408-JSW STIPULATION AND ORDER TO DISMISS ACTION SUBJECT TO SETTLEMENT AGREEMENT

14 BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 15 HEALTH AND WELFARE TRUST FUND; BOARD OF TRUSTEES OF THE PIPE 16 TRADES DISTRICT COUNCIL NO. 36 PENSION TRUST FUND; BOARD OF 17 TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 APPRENTICE 18 TRAINING TRUST FUND; BOARD OF TRUSTEES OF THE CENTRAL 19 CALIFORNIA PIPE TRADES INDUSTRY LABOR-MANAGEMENT COOPERATION 20 COMMITTEE TRUST FUND, 21 v. 22 SUMMIT MECHANICAL SYSTEMS, INC., 23 a California corporation; CORINNE KATHLEEN WHITE, an individual; LONNY 24 MICHAEL WHITE, an individual; SMS INDUSTRIAL, INC. a.k.a. S M S 25 INDUSTRIAL, INC., a California corporation; and DOES 1 through 50, inclusive, 26 Defendants. 27
LAW OFFICES

Plaintiffs,

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1 STIPULATION AND ORDER TO DISMISS ACTION SUBJECT TO SETTLEMENT AGREEMENT

Moss, Tucker, Chiu, Hebesha & Ward
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 205 FRESNO, CA 93704

Dockets.Justia.com

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Plaintiffs Board of Trustees of Pipe Trades District Council No. 36 Health and Welfare

2 Trust Fund et al. (collectively, "Plaintiffs") and defendants Summit Mechanical Systems, Inc. et 3 al. (collectively "Defendants") hereby stipulate, and request an order, as to the following: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDER THE ABOVE CAPTIONED ACTION IS HEREBY DISMISSED WITHOUT By /s/ Nathalie A. Le Ngoc NATHALIE A. LE NGOC Attorney for Defendants Dated: March 24, 2011. LITTLER MENDELSON A Professional Corporation By /s/ Henry Y. Chiu HENRY Y. CHIU Attorney for Plaintiffs 2. 1. that the Court dismiss the present action, without prejudice, as to all Defendants, due to the parties' settlement of the action pursuant to a written "Settlement Agreement Between the Pipe Trades District Council No. 36 Trust Funds and Summit et al."; and that the Court retain jurisdiction to enforce the terms of said Agreement. MOSS, TUCKER, CHIU, HEBESHA & WARD A Professional Corporation

Dated: March 24, 2011.

19 PREJUDICE. THE COURT SHALL RETAIN JURISDICTION TO ENFORCE THE TERMS 20 OF THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES. 21 22 23 24 25 26 27
LAW OFFICES

IT IS SO ORDERED. March 28, 2011 Dated: ___________________ __________________________________________ HON. JEFFREY S. WHITE United States District Court Judge

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6151.24

Moss, Tucker, Chiu, Hebesha & Ward
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 205 FRESNO, CA 93704

2 STIPULATION AND ORDER TO DISMISS ACTION SUBJECT TO SETTLEMENT AGREEMENT