Bricklayers and Allied Craftworkers Local Union No. 3, AFL-CIO et al v. Deason et al

Filing 20

STIPULATION AND ORDER Signed by Mag. Judge Elizabeth D. Laporte on 2/19/2010 re 19 Stipulation for Dismissal of Surety Company of the Pacific & American Contractors Indemnity Company Without Prejudice. (edllc2, COURT STAFF) (Filed on 2/19/2010)

Case3:09-cv-04825-EDL Document19

Filed02/19/10 Page1 of 3

1 2 3 4 5 6 7 8

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

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defendants, SURETY COMPANY OF THE PACIFIC and AMERICAN 26 CONTRACTORS INDEMNITY COMPANY, hereby agree to waive the running of and agree to 27 toll the statute of limitations as of the date the complaint in this action was filed should Plaintiffs 28
STIPULATION FOR DISMISSAL OF SURETIES WITHOUT PREJUDICE; ORDER Case No. CV 09-4825 EDL

BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL UNION NO. 3, AFL-CIO; TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY PENSION TRUST; TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY HEALTH AND WELFARE TRUST FUND; 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,

) Case No. 09-4825 EDL ) ) ) ) ) ) STIPULATION FOR ) DISMISSAL OF SURETY ) COMPANY OF THE PACIFIC ) AND AMERICAN ) CONTRACTORS INDEMNITY ) COMPANY WITHOUT ) PREJUDICE; ) [Proposed] ORDER ) ) Plaintiffs, ) ) vs. ) ) BRIAN J. DEASON, as an individual and doing ) business as "Brian J. Deason"; SURETY COMPANY OF ) THE PACIFIC, a California corporation; AMERICAN ) CONTRACTORS INDEMNITY COMPANY, a ) California corporation, ) ) Defendants. ) _____________ ____________________________________)

Case3:09-cv-04825-EDL Document19

Filed02/19/10 Page2 of 3

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

later commence a new action on the bond which was the subject of this action. Accordingly, Plaintiffs and Defendants, SURETY COMPANY OF THE PACIFIC and AMERICAN CONTRACTORS INDEMNITY COMPANY, stipulate to and request entry of an order dismissing SURETY COMPANY OF THE PACIFIC and AMERICAN CONTRACTORS INDEMNITY COMPANY without prejudice.

So agreed and stipulated: Hausman & Sosa LLP

Dated: February 18, 2010

By:

/s/ Geoffrey R. Hudson Geoffrey R. Hudson Attorneys for Surety Company of the Pacific and American Contractors Indemnity Company Katzenbach & Khtikian

Dated: February 19, 2010

By:

/s/ Kent Khtikian Kent Khtikian Attorneys for Plaintiffs

Attestation Of Concurrence I, Kent Khtikian, declare that Geoffrey Hudson has signed the Stipulation set forth above and that I have in my possession his signature on this document. I declare under penalty of perjury that the foregoing is true and correct. Executed this 19th day of February 2010, in San Francisco, California.

/s/ Kent Khtikian Kent Khtikian ///

STIPULATION FOR DISMISSAL OF SURETIES WITHOUT PREJUDICE; ORDER Case No. CV 09-4825 EDL

2

Case3:09-cv-04825-EDL Document19

Filed02/19/10 Page3 of 3

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 February 19 Dated: __________________, 2010

ORDER It is hereby ordered that SURETY COMPANY OF THE PACIFIC and AMERICAN CONTRACTORS INDEMNITY COMPANY are dismissed without prejudice.

_____________________________________ Judge

STIPULATION FOR DISMISSAL OF SURETIES WITHOUT PREJUDICE; ORDER Case No. CV 09-4825 EDL

3