Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Stephan
Filing
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ORDER re 23 NOTICE of Voluntary Dismissal. Signed by Judge Jon S. Tigar on October 17, 2017. (wsn, COURT STAFF) (Filed on 10/17/2017)
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Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
BULLIVANT HOUSER BAILEY PC
101 Montgomery Street, Suite 2600
San Francisco, CA 94104
Telephone: 415.352.2700
Facsimile: 415.352.2701
E-mail:ron.richman@bullivant.com
susan.olson@bullivant.com
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; BOARD OF
TRUSTEES OF THE CEMENT MASONS
VACATION-HOLIDAY TRUST FUND FOR
NORTHERN CALIFORNIA; and BOARD OF
TRUSTEES OF THE CEMENT MASONS
TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,
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Case No.: 3:17-cv-01852-JST
NOTICE OF VOLUNTARY DISMISSAL
OF ENTIRE ACTION WITHOUT
PREJUDICE AND FOR RETENTION OF
JURISDICTION TO ENFORCE
SETTLEMENT AGREEMENT;
[PROPOSED] ORDER THEREON
Plaintiffs,
vs.
TIMOTHY J. STEPHAN, an individual doing
business as CONTRACT INSTALLATIONS,
Defendant.
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NOTICE OF VOLUNTARY DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE AND FOR
RETENTION OF JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT; ORDER THEREON
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Pursuant to a Settlement Agreement and Release executed by plaintiffs and defendant
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(“Settlement Agreement”) which is incorporated herein by this reference, plaintiffs request that
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the Court dismiss this action, in its entirety, without prejudice, and retain jurisdiction over this
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matter to enforce the Settlement Agreement should any action be required to enforce the
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Settlement Agreement after the dismissal without prejudice is entered by the Court.
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DATED: October 16, 2017
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BULLIVANT HOUSER BAILEY PC
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By /s/ Ronald L. Richman
Ronald L. Richman
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Attorneys for Plaintiffs
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ORDER
Pursuant to the Settlement Agreement and Release executed by the parties, which terms
and conditions are fully incorporated herein by this reference, and good cause appearing:
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IT IS HEREBY ORDERED that this matter is dismissed, without prejudice.
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IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this
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matter to enforce the Agreement should any action be required to enforce the Agreement after
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the dismissal without prejudice is entered by the Court. See generally, Kokkonen v. Guardian
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Life Ins. Co. of America, 511 U.S. 357, 381 (1994); Hagestad v. Tragesser, 49 F.3d 1430, 1432
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(9th Cir. 1995).
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IT IS SO ORDERED.
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DATED:
October 17
, 2017
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By
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HON. JON S. TIGAR
U.S. DISTRICT COURT JUDGE
4844-8507-1953.1
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–1–
NOTICE OF VOLUNTARY DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE AND FOR
RETENTION OF JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT; ORDER THEREON
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