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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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. [phone]
Fax [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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(San Francisco Division)

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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,

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Plaintiffs,
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vs.
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RICHARD CHARLES PULVER and
PATRICIA ANN PULVER, husband and
wife d/b/a JLP LOW VOLTAGE,

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Defendants.
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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

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Case No. CV-11-3171-EMC
[PROPOSED] CONTINGENT ORDER
OF DISMISSAL

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[PROPOSED] ORDER:
The parties hereto having advised the Court that they have agreed to a settlement of this

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action; IT IS HEREBY ORDERED that this action is dismissed without prejudice, provided,

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however, that if any party hereto shall certify to this Court, with proof of service of copy thereon

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on the Defendant or its counsel that the agreed consideration for the settlement has not been

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delivered over, or that Defendant has otherwise failed to meet its obligations under the settlement,

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the foregoing Order shall vacated by this Court and this action shall forthwith be restored to the

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calendar. Plaintiffs may then insert the appropriate amount owed and seek Entry of Judgment

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against Defendant for the remaining amounts owed. Judgment will then be entered forthwith.

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S

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

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R NIA

FO

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RT

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. Chen

ward M
udge Ed

NO

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DERE
___________________________________
SO OR
IT IS
U.S. District Court Judge

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12/22/11
Dated: _______________

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RT
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IT IS SO ORDERED.

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S DISTRICT
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UNIT
ED

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D IS T IC T O
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PROOF OF SERVICE BY MAIL

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I, the undersigned, declare:
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I am employed in the City and County of San Francisco, State of California. I am over the

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age of 18 years and not a party to the within action; my business address is 369 Pine Street, Suite

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800, San Francisco, California 94104. On December 20, 2011, I served the within:

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[PROPOSED] CONTINGENT ORDER OF DISMISSAL

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on the parties in said cause following our business practice, with which I am readily familiar. On

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the same day that correspondence is placed for collection and mailing, it is deposited in the
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ordinary course of business with the United States Postal Service in a sealed envelope with postage

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fully prepaid. I placed a true copy of the within document enclosed in a sealed envelope with first

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class postage thereon fully prepaid for collection and deposit on the date shown below in the

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United States mail at San Francisco, California addressed as follows:

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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.

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_/s/ Chloe Quail_________________
Chloe Quail
Attorney for Plaintiffs

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

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