Board of Trustees of the Plastering Industry Welfare Trust Fund et al v. Oaktown Construction, Inc.

Filing 20

ORDER of Conditional Dismissal. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 11/7/11. (bjtS, COURT STAFF) (Filed on 11/7/2011)

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1 2 3 4 5 McCARTHY, JOHNSON & MILLER Law Corporation DIANE SIDD-CHAMPION, ESQ., #78140 LORI A. NORD, ESQ., #87993 595 Market Street, Suite 2200 San Francisco, CA 94105 Telephone: (415) 882-2992 Facsimile: (415) 882-2999 E-mail: dsidd-champion@mjmlaw.us E-mail: lnord@mjmlaw.us 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 BOARD OF TRUSTEES OF THE PLASTERING INDUSTRY WELFARE TRUST FUND; BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA PLASTERING INDUSTRY PENSION TRUST FUND; BOARD OF TRUSTEES OF THE OPERATIVE PLASTERERS LOCAL UNION NO. 66 SUPPLEMENTAL RETIREMENT BENEFIT FUND; BOARD OF TRUSTEES OF THE OPERATIVE PLASTERERS LOCAL UNION NO. 66 JOURNEYMAN AND APPRENTICE TRAINING TRUST FUND; and BOARD OF TRUSTEES OF THE PLASTERING INDUSTRY LABOR-MANAGEMENT COOPERATION COMMITTEE TRUST FUND; ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) OAKTOWN CONSTRUCTION, INC., ) Defendant. ) ________________________________________ ) Case No. CV 11-1448 MEJ [PROPOSED] ORDER OF CONDITIONAL DISMISSAL BASED ON SETTLEMENT 23 24 25 26 27 28 [PRO PO SED ] O RD ER O F CO N DITIO N AL D ISM ISSAL BASED O N SETTLEM EN T CASE N O . CV 11-1448 MEJ Page 1 1 The parties to this action having represented to the Court that they have settled all outstanding 2 issues in this action, this case is conditionally dismissed, subject to Defendant complying with the 3 terms of the Settlement Agreement and Stipulation for Entry of Judgment. 4 Plaintiffs may reopen the case upon showing that Defendant has defaulted under the terms of 5 the Settlement Agreement and Stipulation for Entry of Judgment. In the event of such a default, the 6 Court shall enter judgment against Defendant pursuant to the terms of the Settlement Agreement and 7 Stipulation for Entry of Judgment. IT IS SO ORDERED. 8 9 10 Dated: ___________________ November 7, 2011 11 ___________________________________________ MARIA-ELENA JAMES United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PRO PO SED ] O RD ER O F CO N DITIO N AL D ISM ISSAL BASED O N SETTLEM EN T CASE N O . CV 11-1448 MEJ Page 2

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