Lorenz et al v. The Board of Trustees of the Carpenters Health & Welfare Trust Fund for California et al

Filing 45

ORDER granting 43 Stipulation for Dismissal Without Prejudice of Kenneth D. Walker Only. Kenneth D Walker terminated. Signed by Judge William H. Orrick on 10/16/2015. (jmdS, COURT STAFF) (Filed on 10/16/2015)

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Peter W. Ito, State Bar No. 152983
ITO LAW GROUP LLC
1550 Larimer Street, Suite 667
Denver, CO 80202
Telephone: [phone]
Email: [e-mail]

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Attorneys for Kenneth D. Walker

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Blythe Mickelson, State Bar No. 095506
Tracy L. Mainguy, State Bar No. 176928
Ezekiel D. Carder, State Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, CA 94501
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants and CounterClaimants

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TERRI LORENZ, an individual; KENNETH D.
WALKER, an individual; and BAY AREA
CONSTRUCTION FRAMERS, INC., a
California corporation,

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Plaintiffs,

No. 3:15-cv-01430-WHO
STIPLATION FOR DISMISSAL
WITHOUT PREJUDICE OF KENNETH
D. WALKER ONLY; AND ORDER
THEREON

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v.
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THE BOARD OF TRUSTEES OF THE
CARPENTERS HEALTH AND WELFARE
TRUST FUND FOR CALIFORNIA;
CARPENTERS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; CARPENTERS
VACATION AND HOLIDAY TRUST FUND
FOR NORTHERN CALIFORNIA;
CAPRENTERS ANNUITY TRUST FUND
FOR NORTHERN CALIFORNIA;
CARPENTERS TRAINING TRUST FUND
FOR NORTHERN CALIFORNIA;
CONTRACT WORK PRESERVATION
TRUST FUND FOR NORTHERN
CALIFORNIA; CONSTRUCTION
INDUSTRY ADVANCEMENT FUND; and
CARPENTERS 46 NORTHERN
CALIFORNIA COUNTIES CONFERENCE
BOARD,

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Defendants.
_______________________________________

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Case No. 3:15-cv-01430-WHO
Stipulation for Dismissal; and Order Thereon
138471/831151

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THE BOARD OF TRUSTEES OF THE
CARPENTERS HEALTH AND WELFARE
TRUST FUND FOR CALIFORNIA;
CARPENTERS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; CARPENTERS
VACATION AND HOLIDAY TRUST FUND
FOR NORTHERN CALIFORNIA;
CAPRENTERS ANNUITY TRUST FUND
FOR NORTHERN CALIFORNIA;
CARPENTERS TRAINING TRUST FUND
FOR NORTHERN CALIFORNIA;
CONTRACT WORK PRESERVATION
TRUST FUND FOR NORTHERN
CALIFORNIA; and CONSTRUCTION
INDUSTRY ADVANCEMENT FUND,
Counter-Claimants,

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v.

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TERRI LORENZ, an individual; KENNETH D.
WALKER, an individual; and BAY AREA
CONSTRUCTION FRAMERS, INC., a
California corporation,

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Counter-Defendants.

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Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff/Counter-Defendant Kenneth
D. Walker (“Kenneth D. Walker”), and Defendants/Counter-Claimants The Board of Trustees of the
Carpenters Health and Welfare Trust Fund for California, Carpenters Pension Trust Fund for
Northern California, Carpenters Vacation and Holiday Trust Fund for Northern California,
Carpenters Annuity Trust Fund for Northern California, Carpenters Training Trust Fund for
Northern California, Contract Work Preservation Trust Fund for Northern California, Construction
Industry Advancement Fund (collectively, the “Defendant Trust Funds”) and Carpenters 46 Northern
California Counties Conference Board (the “Defendant Union,” together with the Defendant Trust
Funds, the “Defendants”), by and through their undersigned counsel, hereby agree and stipulate that
Walker’s claims against Defendants and Defendants’ counter-claims against Walker are dismissed
without prejudice. Each party to bear their own attorneys’ fees and costs.

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[Signatures on next page]

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138471/831151

Case No. 3:15-cv-01430-WHO
Stipulation for Dismissal; and Order Thereon

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Dated: October 14, 2015

ITO LAW GROUP LLC

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By:__/s/ Peter W. Ito_____________
Peter W. Ito

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Attorneys for Kenneth D. Walker

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Dated: October 14, 2015

WEINBERG, ROGER & ROSENFELD

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By:__/s/ Ezekiel D. Carder__________
Ezekiel D. Carder

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Attorneys for Defendants and CounterClaimants

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138471/831151

Case No. 3:15-cv-01430-WHO
Stipulation for Dismissal; and Order Thereon

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ORDER
The parties’ stipulation is adopted and IT IS SO ORDERED.
Dated: October 16, 2015

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______________________________________
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT COURT JUDGE

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138471/831151

Case No. 3:15-cv-01430-WHO
Stipulation for Dismissal; and Order Thereon