Pension Plan for Pension Trust Fund for Operating Engineers et al v. Tricounty Excavation, Inc. et al

Filing 78

ORDER by Judge Vince Chhabria granting 77 Joint Stipulation to reopen the case and enter dismissal with prejudice and retain jurisdiction to enforce settlement agreement. (vclc2S, COURT STAFF) (Filed on 10/15/2020)

1 Anne M. Bevington (SBN 111320)
Tino X. Do (SBN 221346)
2 Allan D. Shuldiner (SBN 252259)
SALTZMAN & JOHNSON LAW CORPORATION
3
1141 Harbor Bay Parkway, Suite 100
4 Alameda, CA 94502
Telephone: [phone]
5 Email: [e-mail]
Email: [e-mail]
6 Email: [e-mail]
7 Attorneys for Plaintiffs / Counter-Defendants,
Pension Plan for Pension Trust Fund for Operating Engineers, et al.
8
Roger M. Mason (SBN 107486)
9 SWEENEY, MASON, WILSON & BOSOMWORTH
A Professional Law Corporation
10 983 University Avenue, Suite 104C
Los Gatos, CA 95032
11
Telephone: [phone]
12 Email: [e-mail]
Attorneys for Defendant / Counter-Plaintiff Tri-County Grading & Paving, Inc.
13
Ronald W. Brown (SBN 107340)
14 Barbara A. Cotter, (SBN 142590)
Cook Brown, LLP
15 2407 J Street, Second Floor
16 Sacramento, CA 95816
Telephone: [phone]
17 Email: [e-mail]
Email: [e-mail]
18
Attorneys for Defendant Tricounty Excavation, Inc.
19
UNITED STATES DISTRICT COURT
20
FOR THE NORTHERN DISTRICT OF CALIFORNIA
21
22 PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et al.,
23
Plaintiffs,
24
v.
25
TRICOUNTY EXCAVATION, INC., a
26 California corporation; TRI COUNTY
GRADING & PAVING, INC., a California
27 corporation,
28

Case No.: 3:19-cv-06653-VC
JOINT STIPULATION TO REOPEN CASE
AND ENTER DISMISSAL WITH
PREJUDICE; [PROPOSED] ORDER
THEREON

Defendants.
1
JOINT STIPULATION TO REOPEN CASE AND ENTER DISMISSAL WITH PREJUDICE; [PROPOSED]
ORDER THEREON
P:\CLIENTS\OE3WL\CASES\Tri County Grading & Paving, Inc\Pleadings\Settlement Conference\Settlement Agreement\Tricounty - Joint
Case No. 3:19-cv-06653-VC
Stipulation to Reopen Case and Enter Dismissal with Prejudice doc

1

Plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers, et al., by and

2 through their undersigned counsel, Defendant Tri-County Grading & Paving, Inc., by and through
3 its undersigned counsel, and Defendant Tricounty Excavation, Inc., by and through its undersigned
4 counsel, hereby agree and stipulate to reopen the case and enter a voluntary dismissal of the entire
5 action with prejudice, the Court to retain jurisdiction to enforce the parties’ Settlement Agreement.
6

On August 7, 2020, the Court ordered that the case be dismissed without prejudice

7 following the July 31, 2020 Settlement Conference Minute Order which advised that the parties had
8 resolved the case.
9

The parties have executed a Settlement Agreement, and now request that the Court amend

10 its conditional Order of Dismissal without prejudice to dismiss the Action with prejudice, each
11 party to bear its own attorneys’ fees and costs. The parties further request that the Court retain
12 jurisdiction to enforce the Settlement Agreement in this Action.
13 DATED: October 13, 2020

SALTZMAN & JOHNSON LAW
CORPORATION

14
By:

15

/S/
Tino X. Do
Attorneys for Plaintiffs

16
17 DATED: October 13, 2020
18

SWEENEY, MASON, WILSON &
BOSOMWORTH
By:

19

/S/
Roger M. Mason
Attorneys for Defendant Tri-County Grading &
Paving, Inc.

20
21
22 DATED: October 13, 2020
23
24
25

COOK BROWN, LLP
/S/
By: Ronald W. Brown
Attorneys for Defendant Tricounty Excavation,
Inc.

26
27
28

2
JOINT STIPULATION TO REOPEN CASE AND ENTER DISMISSAL WITH PREJUDICE; [PROPOSED]
ORDER THEREON
P:\CLIENTS\OE3WL\CASES\Tri County Grading & Paving, Inc\Pleadings\Settlement Conference\Settlement Agreement\Tricounty - Joint
Case No. 3:19-cv-06653-VC
Stipulation to Reopen Case and Enter Dismissal with Prejudice doc