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
[phone]
4 [phone] – Facsimile
[e-mail]
5
Attorneys for Plaintiffs
6
EUGENE ASHLEY (SBN 171885)
7 HOPKINS & CARLEY
70 South First Street
8
San Jose, CA 95113
9 [e-mail]
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