Automotive Industries Pension Trust Fund et al v. Barber Auto Sales, Inc. et al

Filing 39

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 8/8/13. (tfS, COURT STAFF) (Filed on 8/9/2013)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 KIMBERLY A. HANCOCK (SBN 205567)
[e-mail]
3 ANNE BEVINGTON (SBN 111320)
[e-mail]
4 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
5 San Francisco, CA 94104
[phone]
6 [phone] – Facsimile
7 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AUTOMOTIVE INDUSTRIES PENSION
11 TRUST FUND, JAMES H. BENO, Trustee,
BILL BRUNELLI, Trustee, STEPHEN J.
12 MACK, Trustee, CHRIS CHRISTOPHERSEN,
Trustee, DON CROSATTO, Trustee, MARK
13 HOLLIBUSH, Trustee, JON ROSELLE,
Trustee, DOUGLAS CORNFORD, Trustee,
14 and JAMES V. CANTERBURY, Trustee,
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Case No.: CV 12-02676 SI
STIPULATION FOR CONDITIONAL
VOLUNTARY DISMISSAL WITH
PREJUDICE; [PROPOSED] ORDER
THEREON
[F.R.C.P. Rule 41(a)(1)(A)(ii)]

Plaintiffs,
v.

BARBER AUTO SALES, INC., a California
17 corporation et al.,
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Defendants.

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

22 counsel, that pursuant to the parties’ Settlement Agreement, this Court dismiss this action with
23 prejudice, with all parties to bear their own costs and attorneys’ fees, and retain jurisdiction over
24 this matter to enforce the Settlement Agreement should any action be required to enforce the
25 Settlement Agreement after the dismissal is entered by the Court; however, in the event that any
26 party hereto certifies to this Court, with proof of service of a copy thereon on opposing counsel,
27 within one hundred twenty (120) days from the date of entry of the Court’s order, that settlement
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-1STIPULATION FOR CONDITIONAL VOLUNTARY DISMISSAL
WITH PREJUDICE; [PROPOSED] ORDER THEREON
Case No. CV 12-02676 SI
P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Conditional Dismissal FINAL.doc

1 has not in fact occurred, the dismissal shall be vacated and this cause shall forthwith be restored to
2 the calendar for further proceedings.
3

IT IS SO STIPULATED.

4 Dated: August 8, 2013

SALTZMAN & JOHNSON LAW CORPORATION

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By: /s/ Kimberly A. Hancock
KIMBERLY A. HANCOCK
Attorneys for Plaintiffs

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7
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9 I, Kimberly A. Hancock, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
10 concurrence to the filing of this document has been obtained from each signatory hereto.
11 Dated: August 8, 2013

TONKON TORP LLP

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By:

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14

Dated: August 8, 2013

/s/ Ryan M. Bledsoe
RYAN M. BLEDSOE
Attorneys for Defendants

TRUCKER HUSS

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By: /s/ Robert F. Schwartz
ROBERT F. SCHWARTZ
Attorneys for Defendants

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ORDER

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Pursuant to the parties' Stipulation and Settlement Agreement and good cause appearing:

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

22 bear their own costs and attorneys’ fees.
23

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

24 matter to enforce the Settlement Agreement should any action be required to enforce the
25 Settlement Agreement after the dismissal with prejudice is entered by the Court. See generally
26 Kokkonen v. Guardian Life Ins. Co. of America, 511 US 357, 381 (1994); Hagestad v.Tragesser,
27 49 F.3rd 1430, 1432 (9th Cir. 1995).
28
-2STIPULATION FOR CONDITIONAL VOLUNTARY DISMISSAL
WITH PREJUDICE; [PROPOSED] ORDER THEREON
Case No. CV 12-02676 SI
P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Conditional Dismissal FINAL.doc

1

However, in the event that any party hereto certifies to this court, with proof of service of a

2 copy thereon on opposing counsel, within one hundred twenty (120) days from the date of entry of
3 this Order, that settlement has not in fact occurred, the dismissal shall be vacated and this cause
4 shall forthwith be restored to the calendar for further proceedings.
5
6 IT IS SO ORDERED.

8/8/13
7 Dated: ____________________
8

_________________________________________________
SUSAN ILLSTON
JUDGE, UNITED STATES DISTRICT COURT

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-3STIPULATION FOR CONDITIONAL VOLUNTARY DISMISSAL
WITH PREJUDICE; [PROPOSED] ORDER THEREON
Case No. CV 12-02676 SI
P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Conditional Dismissal FINAL.doc