Burns, et al v. Geo Grout, Inc. et al

Filing 14

ORDER OF DISMISSAL WITHOUT PREJUDICE, SUBJECT TO THE COURT RETAINING JURISDICTION OF THE ACTION TO ENFORCE SETTLEMENT AGREEMENT. Signed by Judge William H. Orrick on 07/30/2014. (All deadlines and hearings are VACATED.) (jmdS, COURT STAFF) (Filed on 7/30/2014)

Michele R. Stafford, Esq. (SBN 172509)
1 Erica J. Russell, Esq. (SBN 274494)
SALTZMAN & JOHNSON LAW CORPORATION
2 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
3 Telephone: [phone]
Facsimile: [phone]
4 [e-mail]
[e-mail]
5
Attorneys for Plaintiffs
6
Paul V. Simpson, Esq.
7 SIMPSON, GARRITY, INNES & JACUZZI PC
601 Gateway Blvd., Suite 950
8 South San Francisco, CA 94080
Telephone: [phone]
9 Facsimile: [phone]
[e-mail]
10
Attorneys for Defendants
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12
UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RUSSELL E. BURNS, et al.,

Case No.: C14-2121 WHO

Plaintiffs,
v.

GEO GROUT, INC., a California Corporation;
19 KENNETH ARTHUR THOLIN, an Individual,
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STIPULATION FOR DISMISSAL
WITHOUT PREJUDICE, SUBJECT TO
THE COURT RETAINING
JURISDICTION OF THE ACTION TO
ENFORCE SETTLEMENT AGREEMENT;
and ORDER THEREON

Defendants.

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23 TO THE HONORABLE JUDGE WILLIAM H. ORRICK, UNITED STATES DISTRICT
24 COURT JUDGE, NORTHERN DISTRICT OF CALIFORNIA:
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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Russell E.

26 Burns, et al. (“Plaintiffs”), and Defendants Geo Grout, Inc., a California Corporation, and Kenneth
27 Arthur Tholin, an individual (collectively “Defendants”), as follows:
///
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STIPULATION FOR DISMISSAL; and ORDER THEREON
Case No.: C14-2121 WHO
G:\WHOALL\_cv\2014\2014_02121_Burns_v_Geo_Grout_Inc\14-cv-02121-WHO-Proposed_Stipulation_for_Dismissal.docx

-1-

1

1.

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

2 by all parties. Therefore, the parties request that this action be dismissed without prejudice, subject
3 to the Court retaining jurisdiction of the action to enforce the settlement agreement.
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2.

The parties have reached an informal resolution regarding amounts due to Plaintiffs

5 by Defendants. Plaintiffs have agreed to allow Defendants to pay the amount due to Plaintiffs by
6 September 30, 2014, as follows:
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(a)

Defendants’ first payment must be received by Plaintiffs by July 31, 2014;

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(b)

Defendants’ second payment must be received by Plaintiffs by August 31,

(c)

Defendants’ final payment of the remaining balance due must be received

9 2014; and
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11 by Plaintiffs by September 30, 2014.
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3.

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.
Dated: July 24, 2014
SIMPSON, GARRITY, INNES &
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JACUZZI PC
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By:

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/S/
Paul V. Simpson
Attorneys for Defendants

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Dated: July 24, 2014

SALTZMAN AND JOHNSON LAW
CORPORATION

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By:

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/S/
Erica J. Russell
Attorneys for Plaintiffs

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IT IS SO ORDERED.
Pursuant to the Stipulation between the parties, the above-titled case shall be dismissed
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without prejudice while the Court reserves and retains jurisdiction of this action and the parties to
25 enforce the term of the parties’ settlement.
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Dated: __July 30_____, 2014

_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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-2STIPULATION FOR DISMISSAL; and ORDER THEREON
Case No.: C14-2121 WHO
G:\WHOALL\_cv\2014\2014_02121_Burns_v_Geo_Grout_Inc\14-cv-02121-WHO-Proposed_Stipulation_for_Dismissal.docx