Board of Trustees for the Western States Insulators & Allied Workers' Pension Plan et al v. Rodgers et al

Filing 56

STIPULATION AND ORDER re (55 in 3:12-cv-00442-JST) STIPULATION WITH PROPOSED ORDER Dismissal of Claims Against Frank Rodgers filed by Western States Insulators & Allied Workers' Individual Retirement Account Plan, Board of Trus tees for the Western States Insulators & Allied Workers' Pension Plan, Western States Insulators & Allied Workers' Health Plan, Western States Insulators & Allied Workers' Individual Account Plan, Western States Insulators & Allied Workers' Pension Plan. Signed by Judge Jon S. Tigar on July 29, 2014. (Attachments: # 1 Settlement Agreement)(wsn, COURT STAFF) (Filed on 7/29/2014)

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1 George M. Kraw (SBN 71551) Donna L. Kirchner (SBN 138320) 2 Katherine McDonough (SBN 241426) KRAW AND KRAW 3 605 Ellis Street, Suite 200 Mountain View, CA 94043 4 Telephone: (650) 314-7800 Facsimile: (650) 314-7899 5 gkraw@kraw.com dkirchner@kraw.com 6 kmcdonough@kraw.com 7 Counsel for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO / OAKLAND DIVISION 12 ) 13 WESTERN STATES INSULATORS & ) ALLIED WORKERS’ INDIVIDUAL 14 RETIREMENT ACCOUNT PLAN, et al., ) ) ) 15 Plaintiffs, ) ) 16 v. ) 17 FRANK RODGERS, MATT WARNER, ) ) and DOES 1-50, ) 18 ) Defendants. 19 ___________________________________ ) Case No.: C12-0442 JST STIPULATED DISMISSAL OF CLAIMS AGAINST FRANK RODGERS 20 21 It is hereby stipulated by and between Plaintiffs and Defendant Frank Rodgers that, pursuant 22 to the settlement agreement between Plaintiffs and Frank Rodgers, all claims against him in Board of 23 Trustees for the Western States Insulators and Allied Workers Pension Plan, et al. v. al. v. Frank 24 Rodgers, et al. (“Rodgers 1"), Case No. CV 12-00442 JST, and consolidated case, The Boards of 25 Trustees of the Western States Asbestos Workers’ Pension Fund, et al. v F. Rodgers Corp., et al., 26 Case No. CV 13-1661 JST (formerly Central District of California Case No. CV12-1046 CBM), be 27 dismissed without prejudice. 28 The parties request that the court retain jurisdiction to enforce the settlement agreement C12-0442 JST Stipulated Dismissal of Claims Against Frank Rodgers Page 1 1 between Plaintiffs and Frank Rodgers, a copy of which is attached hererto. 23 2 DATED: July ___, 2014 KRAW & KRAW LAW GROUP 3 By: /S/ Donna L. Kirchner DONNA L. KIRCHNER Attorney for Plaintiffs 4 5 6 7 DATED: July ___, 2014 HUDDLESTON & SIPOS LAW GROUP 8 9 By: ROBERT A. HUDDLESTON Attorneys for Defendants 10 11 12 IT IS SO ORDERED. As there are no remaining Defendants in this action, the clerk of the 13 court shall close the file. July 29, 2014 14 DATED: ____________ 15 _______________________________ Honorable Jon S. Tigar UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 C12-0442 JST Stipulated Dismissal of Claims Against Frank Rodgers Page 2 1 ATTESTATION 2 I, Donna L. Kirchner, attest that signatory Robert A. Huddleston has read and approved the 3 foregoing STIPULATED DISMISSAL OF CLAIMS AGAINST FRANK RODGERS and has consented to its 4 filing in this action. 5 6 7 /S/ Donna L. Kirchner Donna L. Kirchner 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C12-0442 JST Stipulated Dismissal of Claims Against Frank Rodgers Page 3

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