Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Stephan

Filing 24

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: [phone]
Facsimile: 415.352.2701
E-mail:[e-mail]
[e-mail]

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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
1433
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