Solano-Napa Counties Electrical Workers' Health and Welfare Trust et al v. SST Construction, LLC

Filing 9

STIPULATION AND ORDER re 8 . STIPULATION WITH PROPOSED ORDER for Contingent Dismissal filed by SOLANO-NAPA COUNTIES LABOR MANAGEMENT COOPERATION TRUST, NECA-IBEW National Labor Management Cooperation Fund, SOLANO-NAPA COUNTIES E LECTRICAL WORKERS PROFIT SHARING PLAN, Solano-Napa Counties Electrical Workers Pension Trust Fund, Kevin Coleman, Trustee, Solano-Napa Counties Electrical Workers' Health and Welfare Trust Fund, electrical contractors trust of solano-nap a counties, Local 180 of the International Brotherhood of Electrical Workers, AFL-CIO, Greg Armstrong, SOLANO-NAPA COUNTIES JOINT ELECTRICAL EDUCATION AND TRAINING TRUST, Contract Administration Fund, Solano-Napa Counties Electrical Joint Apprenticeship and Training Trust. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 3/22/18. (sisS, COURT STAFF) (Filed on 3/22/2018)

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Lois H. Chang, State Bar No. 278146
NEYHART, ANDERSON, FLYNN & GROSBOLL, APC
369 Pine Street, Suite 800
San Francisco, CA 94104
Tel. [phone]
Fax
[phone]
Email: [e-mail]

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Attorney for Plaintiffs

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Robert Kinney, State Bar No. 223855
SUN SYSTEM TECHNOLOGY
2731 Citrus Rd., Suite D
Rancho Cordova, CA 95742
Tel. [phone]
Email: [e-mail]

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Attorney for Defendant
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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(Oakland Division)

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SOLANO-NAPA COUNTIES ELECTRICAL
WORKERS’ HEALTH & WELFARE TRUST FUND;
LOCAL 180 OF THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO; SOLANO-NAPA COUNTIES JOINT
ELECTRICAL EDUCATION AND TRAINING
TRUST; SOLANO-NAPA COUNTIES LABOR
MANAGEMENT COOPERATION TRUST;
NECA-IBEW NATIONAL LABOR-MANAGEMENT
COOPERATION FUND; SOLANO-NAPA
COUNTIES ELECTRICAL WORKERS PENSION
TRUST FUND; SOLANO-NAPA COUNTIES
ELECTRICAL WORKERS’ PROFIT SHARING
PLAN; CONTRACT ADMINISTRATION FUND;
ELECTRICAL CONTRACTORS TRUST OF
SOLANO-NAPA COUNTIES; SOLANO-NAPA
COUNTIES JOINT APPRENTICESHIP AND
TRAINING TRUST; and KEVIN COLEMAN and
GREG ARMSTRONG, Trustees of each of the
Plaintiff Trusts,
Plaintiffs,
v.

Case No. 18-cv-1013 KAW
STIPULATION FOR
CONTINGENT ORDER OF
DISMISSAL & [Proposed]
CONTINGENT ORDER OF
DISMISSAL
Courtroom: 4, 3rd Floor
Location: 1301 Clay Street
Oakland, CA 94612
Judge:
Hon. Kandis A. Westmore

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

SST CONSTRUCTION, LLC dba SUNSYSTEM
TECHNOLOGY;
Defendant.

-1Stipulation for Contingent Order of Dismissal & [Proposed] Contingent Order of Dismissal
Case No. 18-cv-1013 (KAW)

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STIPULATION FOR CONTINGENT ORDER OF DISMISSAL

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The parties hereto stipulate as follows:

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1.

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and conditions specified in a Settlement Agreement.

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2.

In this ERISA action, the parties have reached agreement to settle this case under the terms

The settlement involves a payment plan to pay off liquidated damages, interest, attorneys’

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fees and costs owed to Plaintiffs for Defendant’s failure to timely make payment of fringe benefit
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contributions.

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3.

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reopen the matter at any time, if Plaintiffs certify to the Court that the consideration has not been

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paid or other terms and conditions of the Settlement Agreement have not been complied with.

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If the Settlement Agreement is otherwise breached, the parties agree that Plaintiffs may

IT IS SO STIPULATED.

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Respectfully Submitted,
Dated: March 16 ,2018

NEYHART, ANDERSON, FLYNN & GROSBOLL
By:

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Dated: March 16 ,2018

/s/ Lois H. Chang
LOIS H. CHANG
Attorneys for Plaintiffs

COUNSEL FOR SUN SYSTEM TECHNOLOGY

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By:
/s/Robert Kinney_____
ROBERT KINNEY
Attorneys for Defendant

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-2Stipulation for Contingent Order of Dismissal & [Proposed] Contingent Order of Dismissal
Case No. 18-cv-1013 (KAW)

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[Proposed] CONTINGENT ORDER OF DISMISSAL

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[PROPOSED] ORDER:
The parties hereto have agreed to a settlement of this action. IT IS HEREBY ORDERED

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that this action is dismissed without prejudice, provided, however, that if any party hereto shall

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certify to this Court, with proof of service of copy thereon on the Defendant or its counsel that the

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terms and conditions of the agreement have not been complied with, the foregoing Order shall

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vacated by this Court and this action shall forthwith be restored to the calendar.

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IT IS SO ORDERED.

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3/22/18
Dated: _______________

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__________________________________________
U.S. MAGISTRATE JUDGE
HON. KANDIS A. WESTMORE

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-3Stipulation for Contingent Order of Dismissal & [Proposed] Contingent Order of Dismissal
Case No. 18-cv-1013 (KAW)