Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Euro-Tech Construction & Trucking, Inc. et al

Filing 19

Order by Magistrate Judge Donna M. Ryu granting 17 Stipulation.(dmrlc2, COURT STAFF) (Filed on 8/5/2013)

Case4:13-cv-01381-DMR Document17 Filed07/30/13 Page1 of 3

Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: [phone]
Facsimile: 415.352.2701
E-Mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
CALIFORNIA,

Case No.: C-13-1381 DMR
STIPULATION FOR DISMISSAL
WITHOUT PREJUDICE; ORDER
THEREON

Plaintiffs,
VS.

EURO-TECH CONSTRUCTION &
TRUCKING, INC., a California Corporation;
JOHN CHARLES FEELY, an individual,
Defendants.
IT IS HEREBY STIPULATED by and between Plaintiffs, on the one hand, and
Defendants Euro-Tech Construction & Trucking, Inc. and John Charles Feely, on the other
hand, that pursuant to the Settlement Agreement and Release ("Settlement Agreement"), which
is expressly incorporated by reference into this Stipulation for Dismissal Without Prejudice and
provides for this Court to retain jurisdiction to enforce the Settlement Agreement, that this

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STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; ORDER THEREON

Case4:13-cv-01381-DMR Document17 Filed07/30/13 Page2 of 3

Court dismiss this action, without prejudice, and retain jurisdiction over this matter to er_force
the Settlement Agreement should any action be required to enforce the Settlement Agreement

after the dismissal without prejudice is entered by the Court,
4 DATED: July:21; 2013
BULLIVANT HOUSER BATLEY PC

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By fi2i
$
Ronald L. Richman
Susan J. Olson

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Attorneys for Plaintiffs

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DATED: July i29 , 2013

EURO-TECH CONSTRUCTION & TRUCKING,
INC.

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By
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John ar e Fee

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Defendant
DATED: July c29 , 2013

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ill

By

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,istrOJE -

John Char

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Defendan

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F

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STIPULATION FOR DISMISSAL

wrmour PREJUDICE; ORDER THEREON

Case4:13-cv-01381-DMR Document17 Filed07/30/13 Page3 of 3

ORDER

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Pursuant to the parties' Stipulation and Settlement Agreement, 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 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. See

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generally Kokkonen v. Guardian Life Ins. Co. of America, 511 US 357, 381 (1994); Hagestad v.

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Tragesser, 49 F.3 rd 1430, 1432 (9 th Cir. 1995).

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DATED:

August 5, 2013

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HON. DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE

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14247966.1

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STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; ORDER THEREON