Automotive Industries Pension Trust Fund et al v. Edward R. Bacon Company, Inc.
Filing
37
STIPULATION AND ORDER VOLUNTARILY DISMISSING WITH PREJUDICE. Signed by Magistrate Judge Laurel Beeler on 8/2/2016. (lsS, COURT STAFF) (Filed on 8/2/2016)
1 ANNE M. BEVINGTON (SBN 111320)
SALTZMAN & JOHNSON LAW CORPORATION
2 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
3
(415) 882-7900
4 (415) 882-9287 – Facsimile
abevington@sjlawcorp.com
5
Attorneys for Plaintiffs
6
EUGENE ASHLEY (SBN 171885)
7 HOPKINS & CARLEY
70 South First Street
8
San Jose, CA 95113
9 eashley@hopkinscarley.com
10 Attorneys for Defendant
11
UNITED STATES DISTRICT COURT
12
FOR THE NORTHERN DISTRICT OF CALIFORNIA
13 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, JAMES H. BENO, Trustee,
14 STEPHEN J. MACK, Trustee, DON
CROSATTO, Trustee, DOUG CORNFORD,
15 Trustee, JOHN DI BERNARDO, Trustee,
JOSE SANTANA, Trustee, and JAMES
16 SCHWANTZ, Trustee, SCOTT PAGTER,
Trustee,
17
Plaintiffs,
18 v.
Case No. CV 15-02685 LB
STIPULATION FOR VOLUNTARY
DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER THEREON
19 EDWARD R. BACON COMPANY, INC., a
California corporation, and DOES 1-20,
20
Defendants.
21
22
IT IS HEREBY STIPULATED by the parties to this action, through their respective
23 counsel, that pursuant to the Settlement Agreement between the parties dated July 21, 2016
24 ("Settlement Agreement"), which is expressly incorporated by reference into this Stipulation for
25 Voluntary Dismissal With Prejudice, this Court dismiss this action with prejudice, with all
26 parties to bear their own costs and attorneys’ fees, and retain jurisdiction over this matter to
27 enforce the Settlement Agreement should any action be required to enforce the Settlement
28 Agreement after the dismissal is entered by the Court.
STIPULATION FOR VOLUNTARY DISMISSAL
[PROPOSED ORDER]; CASE NO. CV 15-2685 LB
P:\CLIENTS\AUTPF\W\CASES\Edward R. Bacon Co\PLEADINGS\Voluntary Dismissal\Stipulation for Voluntary Dismissal 08-01-16.doc
1 IT IS SO STIPULATED.
2 Dated: August 1, 2016
SALTZMAN & JOHNSON LAW CORPORATION
3
By: /S/ Anne M. Bevington____________
Anne M. Bevington
Attorneys for Plaintiffs
4
5
6 Dated: August 1, 2016
HOPKINS & CARLEY
7
By: /S/ Eugene Ashley_______________
Eugene Ashley
Attorneys for Defendant
8
9
10
CERTIFICATION RE SIGNATURES
I attest that concurrence in the filing of this document has been obtained from the other
11 Signatory.
12 Dated: August 1, 2016
13
/S/ Anne M. Bevington______________
ANNE M. BEVINGTON
14
ORDER
15
16
Pursuant to the parties' Stipulation and Settlement Agreement, the terms and conditions
17 of which are fully incorporated herein by this reference, and good cause appearing:
18
IT IS HEREBY ORDERED that this matter is dismissed with prejudice, the parties to
19 bear their own costs and attorneys’ fees.
20
IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this
21 matter to enforce the Settlement Agreement should any action be required to enforce the
22 Settlement Agreement after the dismissal with prejudice is entered by the Court. See generally
23 Kokkonen v. Guardian Life Ins. Co. of America, 511 US 357, 381 (1994); Hagestad v.Tragesser,
24 49 F.3rd 1430, 1433 (9th Cir. 1995).
25
IT IS SO ORDERED.
August 2, 2016
26 Dated: _____________________
27
_______________________________________
HON. LAUREL BEELER
UNITED STATES MAGISTRATE JUDGE
28
STIPULATION FOR VOLUNTARY DISMISSAL
[PROPOSED ORDER]; CASE NO. CV 15-2685 LB
P:\CLIENTS\AUTPF\W\CASES\Edward R. Bacon Co\PLEADINGS\Voluntary Dismissal\Stipulation for Voluntary Dismissal 08-01-16.doc
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?