Operating Engineers' Health and Welfare Trust Fund for Northern California et al v. Vortex Marine Construction, Inc.

Filing 92

ORDER by Judge Kandis A. Westmore Granting 91 Motion to Dismiss Matter Conditionally. (ndrS, COURT STAFF) (Filed on 2/7/2020)

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Michele R. Stafford, Esq. (SBN 172509)
Matthew P. Minser, Esq. (SBN 296344)
SALTZMAN & JOHNSON LAW CORPORATION
1141 Harbor Bay Parkway, Suite 100
Alameda, California 94502
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs, Operating Engineers’
Health And Welfare Trust Fund for Northern California, et al.
Marcus T. Brown (State Bar No. 255662)
Law Office of Marcus T. Brown
3100 Oak Road, Suite 100
Walnut Creek, CA 94597
[phone] / [phone] (Fax)
[e-mail]
Attorney for Defendant, Vortex Marine Construction, Inc.,
A California Corporation, dba Vortex Diving, Inc.,

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
Case No. C17-03614 KAW

OPERATING ENGINEERS’ HEALTH AND
WELFARE TRUST FUND FOR NORTHERN
CALIFORNIA, et al.,

JOINT REQUEST TO DISMISS
MATTER CONDITIONALLY;
ORDER THEREON

Plaintiffs,

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v.

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VORTEX MARINE CONSTRUCTION, INC., a
California Corporation, dba VORTEX DIVING,
INC.,

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Defendant.

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Plaintiffs and Defendant Defendant Vortex Marine Construction, Inc., A California Corporation,

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(“Vortex” or “Defendant”), by and through their respective counsel of record, hereby represent that a

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confidential settlement of this matter has been executed by both Plaintiffs and Defendant. The

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confidential settlement requires Defendant to comply with specific provisions over time in order to

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effectuate the settlement. Defendant’s full compliance with these provisions must occur by September

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25, 2020.
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JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON
Case No. C17-03614 KAW
P:\CLIENTS\OE3CL\Vortex Marine\Pleadings\Word Versions\Jt Req to Dismiss Conditionally.docx

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Therefore, the Parties respectfully request that the Court conditionally dismiss this matter

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pending Defendant’s compliance with the settlement terms. The Parties further request that the Court

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retain jurisdiction of this matter.

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In the event that Defendant does not meet the conditions of the confidential settlement

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agreement, then Plaintiffs’ Counsel may file a declaration under penalty of perjury on or before

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September 30, 2020, requesting that the dismissal of this matter not be effectuated by the Court and

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requesting that the matter be reinstated as a result of Defendant’s failure to satisfy its obligations under

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this Settlement Agreement.

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In the event Plaintiffs do not file said declaration by September 30, 2020, the Parties request that
this Conditional Dismissal be converted to a Dismissal with Prejudice on or after October 1, 2020.

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Respectfully submitted,

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DATED: February 4, 2020

SALTZMAN & JOHNSON LAW
CORPORATION

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By:

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DATED: February 4, 2020

/S/
Matthew P. Minser
Attorneys for Plaintiffs, Operating Engineers’
Health And Welfare Trust Fund for Northern
California, et al.
LAW OFFICE OF MARCUS T. BROWN

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By:

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/S/
Marcus T. Brown
Attorneys for Defendant, Vortex Marine
Construction, Inc., A California Corporation, dba
Vortex Diving, Inc.

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JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON
Case No. C17-03614 KAW
P:\CLIENTS\OE3CL\Vortex Marine\Pleadings\Word Versions\Jt Req to Dismiss Conditionally.docx

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IT IS SO ORDERED.
In accordance with the settlement and request of the Parties, and good cause appearing therefore,
IT IS HEREBY ORDERED that this matter is dismissed conditionally. The Court will shall retain
jurisdiction over this matter until a final dismissal is entered.
In the event that Defendant defaults in performance of its settlement with Plaintiffs, Plaintiffs’
Counsel may file a declaration under penalty of perjury before September 30, 2020, requesting that the
dismissal of this matter not be effectuated by the Court and requesting that the matter be reinstated as a
result of Defendant’s failure to satisfy its obligations under the confidential settlement agreement. If
Plaintiffs do not file said declaration by September 30, 2020, this Conditional Dismissal shall convert to
a Dismissal with Prejudice of this matter effective October 1, 2020.

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DATED: 2/7/2020
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UNITED STATES MAGISTRATE JUDGE

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JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON
Case No. C17-03614 KAW
P:\CLIENTS\OE3CL\Vortex Marine\Pleadings\Word Versions\Jt Req to Dismiss Conditionally.docx