Automotive Industries Pension Trust Fund et al v. Hustead's Inc. et al

Filing 26

STIPULATION AND ORDER OF DISMISSAL re 25 filed by Stephen J. Mack, Automotive Industries Pension Trust Fund, Chris Christophersen, James H. Beno, Jon Roselle, Doug Cornford, James V. Canterbury, Mark Hollibush, Bill Brunelli, Don Crosatto. Signed by Judge Edward M. Chen on 11/6/12. (bpf, COURT STAFF) (Filed on 11/6/2012)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 ANNE BEVINGTON (SBN 111320)
[e-mail]
3 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
4 San Francisco, CA 94104
[phone]
5 [phone] – Facsimile
6 Attorneys for Plaintiffs
7 Robert A. Huddleston (SBN 83662)
[e-mail]
8 Jeffrey J. Mann (SBN 253440)
[e-mail]
9 HUDDLESTON & SIPOS LAW GROUP LLP
1676 N. California Boulevard, Suite 550
10 Walnut Creek, CA 94596
[phone]
11 [phone] – Facsimile
12 Attorneys for Defendants
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO DIVISION)

16 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, JAMES H. BENO, Trustee,
17 BILL BRUNELLI, Trustee, STEPHEN J.
MACK, Trustee, CHRIS CHRISTOPHERSEN,
18 Trustee, DON CROSATTO, Trustee, MARK
HOLLIBUSH, Trustee, JON ROSELLE,
19 Trustee, DOUG CORNFORD, Trustee, and
JAMES V. CANTERBURY, Trustee,
20
Plaintiffs,
21 v.

Case No.: CV 12-1518 EMC
STIPULATION FOR VOLUNTARY
DISMISSAL WITH PREJUDICE;
(PROPOSED) ORDER

22 HUSTEAD’S, INC., a California corporation;
JOE F. RUDD, individually and as Trustee of
23 the Rudd Family Trust; MARY E. RUDD,
individually and as Trustee of the Rudd Family
24
Trust; GALE V. LARKS, an individual;
25 CAROL A. LARKS, an individual; and DOES
1 through 10,
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Defendants.
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STIPULATION FOR VOLUNTARY DISMISSAL
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 12-1518 EMC

P:\CLIENTS\AUTPF\W\CASES\Hustead's Auto Service\PLEADINGS\DISMISSAL\Stip for Dismissal and Order.DOC

1

STIPULATION

2

IT IS HEREBY STIPULATED by the parties to this action, through their respective

3 counsel, that pursuant to the Settlement Agreement and Release ("Settlement Agreement"),
4 which is expressly incorporated by reference into this Stipulation for Voluntary Dismissal With
5 Prejudice, this Court dismiss this action with prejudice, with all parties to bear their own costs
6 and attorneys’ fees, and retain jurisdiction over this matter to enforce the Settlement Agreement
7 should any action be required to enforce the Settlement Agreement after the dismissal is entered
8 by the Court.
9

IT IS SO STIPULATED.

10 Dated: November 1, 2012.

SALTZMAN & JOHNSON LAW CORPORATION

11
By: ___________/S/___________________
Anne M. Bevington
Attorneys for Plaintiffs

12
13

I, Anne M. Bevington, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
14 concurrence to the filing of this document has been obtained from each signatory hereto.
15 Dated: October 31, 2012.

HUDDLESTON & SIPOS LAW GROUP LLP

16
By: ___________/S/__________________
Robert A. Huddleston
Attorneys for Defendant

17
18
19
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ORDER

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22

Pursuant to the parties' Stipulation and Settlement Agreement, the terms and conditions

23 of which are fully incorporated herein by this reference, and good cause appearing:
24

IT IS HEREBY ORDERED that this matter is dismissed with prejudice, the parties to

25 bear their own costs and attorneys’ fees.
26

IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this

27 matter to enforce the Settlement Agreement should any action be required to enforce the
28
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STIPULATION FOR VOLUNTARY DISMISSAL
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 12-1518 EMC

P:\CLIENTS\AUTPF\W\CASES\Hustead's Auto Service\PLEADINGS\DISMISSAL\Stip for Dismissal and Order.DOC

1 Settlement Agreement after the dismissal with prejudice is entered by the Court. See generally
2 Kokkonen v. Guardian Life Ins. Co. of America, 511 US 357, 381 (1994); Hagestad v.Tragesser,

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_________________________________________________
HONORABLE EDWARD M. RDERED
CHEN
IS SO O JUDGE
UNITED STATES DISTRICT
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4 IT IS SO ORDERED.
11/6/12
5 Date: ____________________

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3 49 F.3rd 1430, 1432 (9th Cir. 1995).

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STIPULATION FOR VOLUNTARY DISMISSAL
WITH PREJUDICE; [PROPOSED] ORDER
Case No.: CV 12-1518 EMC

P:\CLIENTS\AUTPF\W\CASES\Hustead's Auto Service\PLEADINGS\DISMISSAL\Stip for Dismissal and Order.DOC