International Brotherhood of Electrical Workers District 9 Pension Plan et al v. Pulver et al

Filing 15

ORDER DISMISSING CASE re 14 Notice of Voluntary Dismissal, filed by John O'Rourke, Northern California-Northern Nevada Sound & Communication District No. 9 Health & Welfare Trust Fund, Northern California-Northern Nevada Sound & Commmunication District No. 9 Apprenticeship & Training Committee, International Brotherhood of Electrical Workers District 9 Pension Plan. Signed by Judge Edward M. Chen on 12/22/11. (bpf, COURT STAFF) (Filed on 12/22/2011)

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1 2 3 4 5 6 RICHARD K. GROSBOLL, State Bar No. 99729 BENJAMIN K. LUNCH, State Bar No. 246015 CHLOE QUAIL, State Bar No. 262797 NEYHART, ANDERSON, FLYNN & GROSBOLL 369 Pine Street, Suite 800 San Francisco, CA 94104 Tel. (415) 677-9440 Fax (415) 677-9445 Email: 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 (San Francisco Division) 10 11 12 13 14 15 16 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS DISTRICT 9 PENSION PLAN; NORTHERN CALIFORNIA-NORTHERN NEVADA SOUND & COMMUNICATION DISTRICT No. 9 HEALTH & WELFARE TRUST FUND; NORTHERN CALIFORNIANORTHERN NEVADA SOUND & COMMUNICATION DISTRICT No. 9 APPRENTICESHIP & TRAINING COMMITTEE; JOHN O'ROURKE, as Trustee of the above, 17 Plaintiffs, 18 vs. 19 20 RICHARD CHARLES PULVER and PATRICIA ANN PULVER, husband and wife d/b/a JLP LOW VOLTAGE, 21 Defendants. 22 23 24 25 26 27 NEYHART, 28 ANDERSON, FLYNN & GROSBOLL ATTORNEYS AT LAW -1- Case No. CV-11-3171-EMC [PROPOSED] CONTINGENT ORDER OF DISMISSAL 1 2 [PROPOSED] ORDER: The parties hereto having advised the Court that they have agreed to a settlement of this 3 action; IT IS HEREBY ORDERED that this action is dismissed without prejudice, provided, 4 however, that if any party hereto shall certify to this Court, with proof of service of copy thereon 5 on the Defendant or its counsel that the agreed consideration for the settlement has not been 6 delivered over, or that Defendant has otherwise failed to meet its obligations under the settlement, 7 the foregoing Order shall vacated by this Court and this action shall forthwith be restored to the 8 calendar. Plaintiffs may then insert the appropriate amount owed and seek Entry of Judgment 9 against Defendant for the remaining amounts owed. Judgment will then be entered forthwith. 10 S 18 19 20 21 22 23 24 25 26 27 NEYHART, 28 ANDERSON, FLYNN & GROSBOLL ATTORNEYS AT LAW ER -2- R NIA FO J H 17 RT 16 . Chen ward M udge Ed NO 15 D DERE ___________________________________ SO OR IT IS U.S. District Court Judge LI 14 12/22/11 Dated: _______________ A 13 RT U O IT IS SO ORDERED. 12 S DISTRICT TE C TA UNIT ED 11 N F D IS T IC T O R C 1 PROOF OF SERVICE BY MAIL 2 I, the undersigned, declare: 3 4 I am employed in the City and County of San Francisco, State of California. I am over the 5 age of 18 years and not a party to the within action; my business address is 369 Pine Street, Suite 6 800, San Francisco, California 94104. On December 20, 2011, I served the within: 7 [PROPOSED] CONTINGENT ORDER OF DISMISSAL 8 on the parties in said cause following our business practice, with which I am readily familiar. On 9 the same day that correspondence is placed for collection and mailing, it is deposited in the 10 11 ordinary course of business with the United States Postal Service in a sealed envelope with postage 12 fully prepaid. I placed a true copy of the within document enclosed in a sealed envelope with first 13 class postage thereon fully prepaid for collection and deposit on the date shown below in the 14 United States mail at San Francisco, California addressed as follows: 15 16 17 18 19 J L P LOW VOLTAGE 940 KENILWORTH COURT WALNUT CREEK, CA 94596 I declare under the penalty of perjury that the foregoing is true and correct, and that this declaration was executed on December 20, 2011, at San Francisco, California. 20 21 22 _/s/ Chloe Quail_________________ Chloe Quail Attorney for Plaintiffs 23 24 25 26 27 NEYHART, 28 ANDERSON, FLYNN & GROSBOLL ATTORNEYS AT LAW -3-

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