The Board of Trustees et al v. Brown & Fesler, Inc.

Filing 22

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Nathanael Cousins on 3/7/2012. (lmh, COURT STAFF) (Filed on 3/7/2012)

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BARRY E. HINKLE, Bar No. 071223
PATRICIA A. DAVIS, Bar No. 179074
EZEKIEL D. CARDER, Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THE BOARD OF TRUSTEES, in their
capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA; ,
Plaintiffs,

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No. C 11-03671 NC
STIPULATION FOR DISMISSAL
WITHOUT PREJUDICE; REQUEST
TO VACATE CASE MANAGEMENT
__________
CONFERENCE; [PROPOSED] ORDER

v.
BROWN & FESLER, INC., a California
Corporation,
Defendant.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; REQUEST TO VACATE CASE
_______
MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Case No. C 11-03671 NC

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NOTICE IS HEREBY GIVEN that Plaintiffs and Defendant stipulate to voluntarily

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dismiss the above-captioned action without prejudice. The parties have agreed upon a resolution

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of this matter and Defendant is currently making the required payments to Plaintiffs.

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Additionally, pursuant to the terms of the written settlement agreement, the parties respectfully

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request that the Court maintain jurisdiction over this case for twenty-four (24) months from

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March 1, 2012 to interpret and enforce the settlement agreement.

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A Case Management Conference has been scheduled for March 14, 2012 at 2:00 p.m.

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With this Stipulation for Dismissal, the parties also request that said Case Management

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Conference be vacated.

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Dated: March 6, 2012

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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/s/ Ezekiel Carder
EZEKIEL D. CARDER
Attorneys for Plaintiffs

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Dated: March 6, 2012

LITTLER MENDELSON, P.C.

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By:

/s/ John Post
RICHARD N. HILL
JOHN C. POST
Attorneys for Defendant

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; REQUEST TO VACATE CASE
________
MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Case No. C 11-03671 NC

__________
[PROPOSED] ORDER

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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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28, 2014. The Case Management Conference set for March 14, 2012 is hereby vacated.

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March 7, 2012
Dated: ____________________

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_________________________________________
HONORABLE NATHANAEL M. COUSINS
UNITED STATES MAGISTRATE JUDGE

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126261/658415

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; REQUEST TO VACATE CASE
________
MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Case No. C 11-03671 NC