District Council 16 Northern California Health and Welfare Trust Fund et al v. Safeco Door & Hardware, Inc.,
Filing
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ORDER DISMISSING CASE. Signed by Magistrate Judge Laurel Beeler on 4/22/2016. (lsS, COURT STAFF) (Filed on 4/22/2016)
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Michele R. Stafford, Esq. (SBN 172509)
Erica J. Russell, Esq. (SBN 274494)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, California 94104
Telephone: (415) 882-7900
Facsimile: (415) 882-9287
Email: mstafford@sjlawcorp.com
Email: erussell@sjlawcorp.com
Attorneys for Plaintiffs, District Council 16 Northern
California Health And Welfare Trust Fund, et al.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA HEALTH AND WELFARE
TRUST FUND, et al.,
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Case No. C15-4146 LB
NOTICE OF SETTLEMENT;
Plaintiffs,
[PROPOSED] ORDER THEREON
v.
SAFECO DOOR & HARDWARE, INC., dba AHC
GLASS, a California corporation.
Defendant.
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PLEASE TAKE NOTICE that Plaintiffs District Council 16 Northern California Health and
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Welfare Trust Fund, et al., and Defendant SAFECO Door & Hardware, Inc. dba AHC Glass, a
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California corporation (“Defendant”), have reached a settlement in this matter.
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Pursuant to the terms of the settlement, Defendant has fully paid the amounts owed to Plaintiffs
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to date, except for liquidated damages assessed on late-paid contributions through October 2015 hours
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worked. Plaintiffs have conditionally approved Defendant’s request for a waiver of said liquidated
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damages, conditioned on timely submission of Defendant’s January 2016 through December 2016
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contribution reports and payments. Should Defendant fail to timely submit said contribution reports and
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payments, payment of the above described liquidated damages shall be immediately due to Plaintiffs.
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However, if Defendant’s January 2016 through December 2016 contribution reports and payments are
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NOTICE OF SETTLEMENT
Case No. C15-4146 LB
P:\CLIENTS\GLACL\AHC Glass 5\Pleadings\AHC - Notice of Settlement 042116.docx
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timely submitted, upon receipt and bank clearance of Defendant’s December 2016 payment (which must
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be received by January 31, 2017, in order to be considered timely), liquidated damages assessed through
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October 2015 hours worked shall be waived, and Plaintiffs will voluntarily dismiss this matter with
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prejudice.
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Accordingly, it is respectfully requested that the Court vacate the calendar in this matter, but
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retain jurisdiction through February 2017, to allow time for Defendant to submit the above described
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payments, and for Plaintiffs to verify bank clearance of same.
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Respectfully submitted.
Dated: April 21, 2016
SALTZMAN & JOHNSON LAW
CORPORATION
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By:
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/S/
Michele R. Stafford
Attorneys for District Council 16 Northern
California Health And Welfare Trust Fund, et al.
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IT IS SO ORDERED.
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Based on the foregoing and GOOD CAUSE APPEARING, the calendar on this matter is
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vacated. The Court shall retain jurisdiction over this matter through February 2017.
DATED: _________, 2016
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UNITED STATES DISTRICT COURT JUDGE
The court orders that the case be dismissed without prejudice. If any party certifies to
the court by March 1, 2017 (with proof of service on opposing counsel) that the agreed
consideration has not been delivered, then this order will stand vacated, and this case
will be restored to the calendar to be set for trial. If no certification is filed, then
the dismissal will be with prejudice.
DATED: April 22, 2016
S DISTRIC
UNIT
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DERED
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FO
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Judge L
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NOTICE OF SETTLEMENT
Case No. C15-4146 LB
P:\CLIENTS\GLACL\AHC Glass 5\Pleadings\AHC - Notice of Settlement 042116.docx
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PROOF OF SERVICE
I , the undersigned, declare:
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1.
I am a citizen of the United States and am employed in the County of San
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Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
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Francisco, California 94104.
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2.
I am over the age of eighteen and not a party to this action.
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3.
On April 21, 2016, I served the following document(s):
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NOTICE OF SETTLEMENT; PROPOSED ORDER THEREON
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on the interested parties in said action by enclosing a true and exact copy of each document in a sealed
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envelope and placing the envelope for collection and First Class mailing following our ordinary business
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practices. I am readily familiar with this business’ practice for collecting and processing correspondence
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for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in
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the ordinary course of business with the United States Postal Service in a sealed envelope with postage
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fully prepaid.
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4.
The envelope(s) were addressed and mailed as follows:
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Patricia Walsh, Esq.
Attorney At Law
Leonidou & Rosin Professional Corporation
777 Cuesta Drive, Ste. 200
Mountain View, CA 94040
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Attorneys for Defendant
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I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed on April 21, 2016, at San Francisco, California.
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/S/
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Elise Cotterill
Paralegal
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PROOF OF SERVICE
Case No. C15-4146 LB
P:\CLIENTS\GLACL\AHC Glass 5\Pleadings\AHC - Notice of Settlement 042116.docx
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