Northern California Glaziers, Architectural Metal and Glass Workers Pension Trust Fund; Northern California Glaziers Individual Account Retirement Trust Fund et al v. Western Surety Company

Filing 29

STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE, SUBJECT TO THE COURT RETAINING JURISDICTION OF THE ACTION TO ENFORCE SETTLEMENT AGREEMENT. Signed by Judge Richard Seeborg on 8/19/14. (cl, COURT STAFF) (Filed on 8/19/2014)

1 Michele R. Stafford, Esq. (SBN 124607)
Erica J. Russell, Esq. (SBN 274494)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7 Jeremy T. Vermilyea, Esq.
SCHWABE, WILLIAMSON & WYATT
8 1211 SW 5th Ave., Ste. 1900
Portland, OR 97204
9 Telephone: [phone]
Facsimile: [phone]
10 [e-mail]
11 Attorneys for Defendants
12
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15 UNITED STATES OF AMERICA FOR THE
USE AND BENEFIT OF:
16
NORTHERN CALIFORNIA GLAZIERS,
17 ARCHITECTURAL METAL AND GLASS
WORKERS PENSION TRUST FUND, et al.
18
Plaintiffs,
v.
19

Case No.: C14-1326 RS
STIPULATION FOR DISMISSAL
WITHOUT PREJUDICE, SUBJECT TO
THE COURT RETAINING
JURISDICTION OF THE ACTION TO
ENFORCE SETTLEMENT
AGREEMENT; and [PROPOSED]
ORDER THEREON

20 WESTERN SURETY COMPANY, a South
Dakota Corporation, et al.
21
Defendants.
22
23
24

TO THE HONORABLE JUDGE RICHARD SEEBORG, UNITED STATES DISTRICT

25 COURT JUDGE, NORTHERN DISTRICT OF CALIFORNIA:
26

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs NORTHERN

27 CALIFORNIA GLAZIERS, et al. (“Plaintiffs”), and Defendants WESTERN SURETY
28 COMPANY, a South Dakota Corporation, and GLEN/MAR CONSTRUCTION, INC., a Oregon
-1STIPULATION FOR DISMISSAL; and [PROPOSED] ORDER THEREON
Case No.: C14-1326 RS
P:\CLIENTS\GLACL\FBLN, Inc\Pleadings\Glen Mar Western Surety\Stipulation for dismissal 080614.doc

1 Corporation (collectively “Defendants”), as follows:
2

1.

A full and final settlement of the above-titled action has been agreed to by all

3 parties. Therefore, the parties respectfully request that this action be dismissed without prejudice,
4 subject to the Court retaining jurisdiction of the action to enforce the settlement terms below.
5

2.

Defendants shall make full payment of the agreed-upon settlement amount to

6 Plaintiffs by August 18, 2014.
7

3.

In the event Defendants fail to make full payment by August 18, 2014, or if

8 Defendants’ payment fails to clear the bank, Plaintiffs are authorized to request immediate entry of
9 Judgment against Defendants in the settlement amount, less any payments made, solely upon
10 declaration by a duly authorized representative of Plaintiffs. The Court shall enter Judgment
11 against Defendants upon such declaration.
12

4.

The parties’ settlement is contingent upon this Court agreeing to reserve and retain

13 jurisdiction of this action to enforce the terms of the parties’ settlement.
14

Dated: August 12, 2014

SCHWABE, WILLIAMSON & WYATT

15

By:

/S/
Jeremy T. Vermilyea
Attorneys for Defendants

16
17
18

Dated: August 12, 2014

SALTZMAN AND JOHNSON LAW
CORPORATION

19
By:

20
21

/S/
Erica J. Russell
Attorneys for Plaintiffs

22
IT IS SO ORDERED.
23
Pursuant to the Stipulation between the parties, the above-titled case shall be dismissed
24
without prejudice while the Court reserves and retains jurisdiction of this action and the parties to
25
enforce the term of the parties’ settlement.
26
27

Dated: _________________, 2014
8/19

_______________________________________
UNITED STATES DISTRICT COURT JUDGE

28
-2STIPULATION FOR DISMISSAL; and [PROPOSED] ORDER THEREON
Case No.: C14-1326 RS
P:\CLIENTS\GLACL\FBLN, Inc\Pleadings\Glen Mar Western Surety\Stipulation for dismissal 080614.doc