The Board of Trustees of the California Winery Worker's Pension Trust Fund v. Union Bank, N.A.

Filing 9

ORDER dismissing 2nd, 3rd, 4th causes of action and for deft. admissions. (tf, COURT STAFF) (Filed on 7/27/2010)

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The Board of Trsutees of the California Winery Worker's Pension Trust Fund v. Union Bank, N.A. Doc. 9 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 [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF 2ND, 3RD, AND 4TH CAUSES OF ACTION FOR DEFENDANT'S ADMISSIONS CASE NO.: CV 10-2240 SI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE BOARD OF TRUSTEES OF THE CALIFORNIA WINERY WORKERS' PENSION TRUST FUND, Plaintiff, vs. UNION BANK, N.A. Defendant. Case No. CV 10-2240 SI [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF SECOND, THIRD AND FOURTH CAUSES OF ACTION AND FOR DEFENDANT'S ADMISSIONS Dockets.Justia.com 1 2 3 4 (1) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (5) 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER Plaintiff the Board of Trustees of the California Winery Workers' Pension Trust Fund and Defendant Union Bank, N.A., have stipulated as follows: Defendant Union Bank is an ERISA investment fiduciary to the California Winery Workers' Pension Plan pursuant to the Corporate Co-Trustee Agreement, and pursuant to the Securities Lending Services Agreement (2) The Corporate Co-Trustee Agreement and Securities Lending Services Agreement are documents and instruments governing the California Winery Workers' Pension Plan within the meaning of Section 404(a)(1)(D) of ERISA [29 U.S.C. 1104(a)(1)(D)]. (3) Defendant Union's Bank's functions, duties and actions in connection with the California Winery Workers' Pension Plan's cash collateral account provided for in the Securities Lending Services Agreement are all subject to the duties set forth in Section 404(a)(1) of ERISA [29 U.S.C. 1104(a)(1)]. (4) In reliance on Paragraphs (1), (2) and (3) above, Plaintiff hereby dismisses with prejudice its State Law Claims (the second, third, and fourth causes of action in the Complaint) with each party bearing its own fees and costs; and Defendant shall have an additional ten (10) days to respond to the Complaint, making Defendant's response to the Complaint due on August 5, 2010. The Court, having received and reviewed the stipulation of the parties and good cause appearing therefor, HEREBY ORDERS as follows: (1) Plaintiff's State Law Claims (the second, third, and fourth cause of action in the Complaint) are dismissed with prejudice. Each party shall bear its own fees and costs. (2) Defendant's response to the Complaint is due on August 5, 2010. -1[PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF 2ND, 3RD, AND 4TH CLAIMS FOR RELIEF FOR DEFENDANT'S ADMISSIONS CASE NO.: CV 10-2240 SI 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 IT IS SO ORDERED. Date: ___________________ _____________________________________ SUSAN ILLSTON UNITED STATES DISTRICT JUDGE -2[PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF 2ND, 3RD, AND 4TH CLAIMS FOR RELIEF FOR DEFENDANT'S ADMISSIONS CASE NO.: CV 10-2240 SI

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