Bensi et al v. Litke Properties, Inc

Filing 23

STIPULATION AND ORDER, ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 7/30/12. (fs, COURT STAFF) (Filed on 7/30/2012)

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WILLIAM A. SOKOL, Bar No. 072740
LINDA BALDWIN JONES, Bar No. 178922
EZEKIEL D. CARDER, Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [phone]

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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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PAUL BENSI, BART FLORENCE, JERRY
) No.
C 11-03875 YGR
KALMAR, and LYLE SETTER, in their
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capacities as Trustees of the STATIONARY
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ENGINEERS LOCAL 39 PENSION TRUST ) STIPULATION FOR DISMISSAL;
FUND; STATIONARY ENGINEERS LOCAL ) [PROPOSED] ORDER
39 HEALTH AND WELFARE TRUST FUND; )
and STATIONARY ENGINEERS LOCAL 39 )
ANNUITY TRUST FUND,
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Plaintiffs,
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v.
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LITKE PROPERTIES, INC., a California
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Corporation,
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Defendant.
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Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties,

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Plaintiffs Paul Bensi, Bart Florence, Jerry Kalmar, and Lyle Setter, in their capacities as Trustees

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of the Stationary Engineers Local 39 Pension Trust Fund, Stationary Engineers Local 39 Health

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and Welfare Trust Fund, and the Stationary Engineers Local 39 Annuity Trust Fund and Defendant

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Litke Properties, Inc., by and through the undersigned counsel, hereby stipulate to the dismissal

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without prejudice of Plaintiff’s Complaint for an Injunction, Breach of Contract, and Damages

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According to Proof against Defendant, who has appeared in this action. Further, the parties

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

Stipulation for Dismissal; [Proposed] Order
(Case No. 11-03875 YGR)

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stipulate and agree that each side is to bear their own attorneys’ fees and costs.

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Dated: July 27, 2012
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Linda Baldwin Jones
LINDA BALDWIN JONES
EZEKIEL D. CARDER
Attorneys for Plaintiffs

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Dated: July 27, 2012
ABRAHAM LAW OFFICES
By: /s/ A.K. Abraham
A.K. ABRAHAM
Attorneys for Defendant

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-2Stipulation for Dismissal; [Proposed] Order
(Case No. 11-03875 YGR)

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[PROPOSED] ORDER
IT IS SO ORDERED

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July 30
Dated: ______________, 2012

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_________________________________________
HONORABLE YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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128627/677319

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-3Stipulation for Dismissal; [Proposed] Order
(Case No. 11-03875 YGR)