Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund For Northern California et al v. TDW Construction, Inc.

Filing 45

STIPULATION AND ORDER re 44 . Notice (Other), filed by Board of Trustees, in their capacities as Trustees of the Laborers Training-Retraining/Apprenticeship Trust Fund for Northern California, Board of Trustees, in their capacities as Trus tees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund For Northern California, Board of Trustees, in their capacities as Trustees of the Laborers Pension Trust Fund for Northern California. Further Case Management Conference set for 9/18/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 9/10/18. (sisS, COURT STAFF) (Filed on 9/10/2018)

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BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
TRACY L. MAINGUY, Bar No. 176928
RYAN B. KADEVARI, Bar No. 302957
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[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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FURTHER NOTICE REGARDING
SETTLEMENT; STIPULATION TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
THEREON

Plaintiffs,

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No. 4:17-cv-03165 KAW

THE BOARD OF TRUSTEES, in their
capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA, et al.,

v.

Judge: Hon. Kandis A. Westmore

TDW CONSTRUCTION, INC., a California
Corporation,
Defendant.

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Plaintiffs, The Board of Trustees, in their capacities as Trustees of the Laborers Health

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their Counsel, and Defendant TDW Construction, Inc. (“Defendant”), by and through its Counsel,

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hereby notify the Court that Plaintiffs and Defendant reached a verbal settlement in the above-

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captioned case at the mediation held on June 7, 2018. The parties reduced their settlement to

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1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

and Retraining Trust Fund for Northern California (“Trust Funds” or “Plaintiffs”), by and through

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A Professional Corporation

Northern California; Laborers Pension Trust Fund for Northern California; and Laborers Training

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WEINBERG, ROGER &
ROSENFELD

and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for

writing. Plaintiffs are awaiting delivery by FedEx of the original, fully executed settlement
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FURTHER NOTICE REGARDING SETTLEMENT; STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON CASE NO. 4:17-CV-03165 KAW

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agreement and execution payment. Upon receipt of the same, within the next seven (7) days, the

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parties will execute a stipulation for entry of a stipulated judgment.

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In light of the above status of the settlement, pursuant to Civil Local Rules 7-12 and 16-2,

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the parties stipulate and agree that the Case Management Conference currently scheduled for

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September 11, 2018 at 1:30 p.m. be continued until September 18, 2018 at 1:30 p.m.

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Dated: September 4, 2018

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

By:

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/s/ Tracy L. Mainguy
TRACY L. MAINGUY
Attorneys for Plaintiffs

/s/ William Thomson
William Thomson
Attorney for Defendant

Dated: September 4, 2018

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[PROPOSED] ORDER
The parties notified the Court that the parties executed a settlement, and that Defendant

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forwarded the original, fully executed settlement agreement by FedEx to Plaintiffs with the

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execution payment. The settlement includes entry of a stipulated judgment in favor of Plaintiffs,

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which will be filed upon receipt of the original, fully executed settlement agreement and

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execution payment. Good Cause Appearing and based upon the Stipulation above, the Case

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Management Conference set for September 11, 2018 at 1:30 p.m. is continued until September

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18, 2018.

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IT IS SO ORDERED.

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Dated: 9/10/18
HONORABLE KANDIS A. WESTMORE
United States District Court Magistrate Judge

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143204\985539

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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FURTHER NOTICE REGARDING SETTLEMENT; STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON CASE NO. 4:17-cv-03165 KAW