The Board of Trustees et al v. McEntire Landscaping, Inc.

Filing 29

ORDER dismissing case, Motions terminated: 28 STIPULATION WITH PROPOSED ORDER filed by Laborers Pension Trust Fund for Northern California, Laborers Training and Retraining Trust Fund for Northern California, The Board of Trus tees, Laborers Health and Welfare Trust Fund for Northern California, Laborers Vacation-Holiday Trust Fund for Northern California, 25 MOTION for Settlement Agreement Enforcement filed by Laborers Pension Trust Fund for Northern Cal ifornia, Laborers Training and Retraining Trust Fund for Northern California, The Board of Trustees, Laborers Health and Welfare Trust Fund for Northern California, Laborers Vacation-Holiday Trust Fund for Northern California.. Signed by Judge Susan Illston on 2/24/15. (tfS, COURT STAFF) (Filed on 2/25/2015)

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CONCHITA LOZANO-BATISTA, Bar No. 227227
JANNAH V. MANANSALA, Bar No. 249376
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THE BOARD OF TRUSTEES, in their
capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA;
LABORERS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
LABORERS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; and LABORERS
TRAINING AND RETRAINING TRUST
FUND FOR NORTHERN CALIFORNIA,
Plaintiff,

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v.
MCENTIRE LANDSCAPING, INC., A
California Corporation,

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Defendant.
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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

Stipulation; [Proposed] Order
Case No. CV 11-3473 (SI)

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CV 11-3473 SI
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) STIPULATION AND [PROPOSED]
) ORDER
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Plaintiffs and Defendant (“the Parties”) previously entered into a settlement agreement in

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this matter, causing the Parties to request voluntary dismissal of the action in April 2012. The

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Court accordingly dismissed the action without prejudice and retained jurisdiction over this matter

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pursuant to the parties’ stipulation via its Order issued on April 11, 2012. The Court retained

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jurisdiction through April 31, 2015 pursuant to the Parties’ stipulation.

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On January 20, 2015, Plaintiffs filed a motion to enforce the settlement agreement. Since

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the motion was filed, the Parties entered into a second settlement agreement and thus resolved the

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dispute described in the motion to enforce settlement agreement. A condition of the second

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settlement agreement, however, is that the Court continue to retain its jurisdiction of this matter, so

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that Plaintiffs may enforce the second settlement agreement.
The parties therefore respectfully request that the Court maintain jurisdiction over this case

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for thirty-six (36) months from the date the second settlement agreement was executed, February

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23, 2015, to interpret and enforce the settlement agreement.

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A Motion to Enforce Settlement has been scheduled for March 13, 2015, at 9:00 a.m. The
parties also request that said Motion be vacated.

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Dated: February 24, 2015
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Jannah V. Manansala
JANNAH V. MANANSALA
Attorneys for Plaintiff

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Dated: February 24, 2015
CARR, KENNEDY, PETERSON & FROST

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By: /s/ Benjamin Kennedy
BENJAMIN KENNEDY
Attorneys for Defendant
McEntire Landscaping, Inc.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-2Stipulation; [Proposed] Order
Case No. CV 11-3473 (SI)

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I certify that I have on file all holographic signatures corresponding to any signatures

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indicated by a conformed signature (/S/) within this e-filed document.

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/s/ Jannah V. Manansala

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JANNAH V. MANANSALA

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128192/799932

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-3Stipulation; [Proposed] Order
Case No. CV 11-3473 (SI)

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[PROPOSED] ORDER
The parties have resolved this matter and requested that this Court maintain jurisdiction

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over the case. IT IS HEREBY ORDERED that this case be dismissed pursuant to the foregoing

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Stipulation without prejudice. The Court shall maintain jurisdiction over this case until February

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23, 2018. The Motion to Enforce Settlement set for March 13, 2015, at 9:00 a.m. is hereby

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vacated.

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2/24/15
Dated: _________________

_________________________________________
HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-4Stipulation; [Proposed] Order
Case No. CV 11-3473 (SI)