Orange County Electrical Industry Health and Welfare Trust Fund et al v. Christopher R. Morales, Inc

Filing 16

ORDER OF DISMISSAL. The Order to Show Cause issued 12/14/2011 is DISCHARGED and the hearing scheduled for 1/13/2012 is VACATED. The Clerk shall close this file. Signed by Judge Edward J. Davila on 1/9/2012. (ejdlc1, COURT STAFF) (Filed on 1/9/2012)

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1 2 3 4 5 6 RICHARD K. GROSBOLL, Bar No. 99729 BENJAMIN K LUNCH, Bar No. 246015 CHLOE QUAIL, Bar No. 262797 NEYHART, ANDERSON, FLYNN & GROSBOLL 369 Pine Street, Suite 800 San Francisco, CA 94104-6702 TEL: (415) 677-9440 FAX: (415) 677-9445 Email: cquail@neyhartlaw.com Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 (San Jose Division) 10 11 12 13 14 15 16 17 18 19 20 21 22 ORANGE COUNTY ELECTRICAL) INDUSTRY HEALTH AND WELFARE) TRUST FUND; LOCAL UNION NO. 441 OF) THE INTERNATIONAL BROTHERHOOD) OF ELECTRICAL WORKERS; and) DOUGLAS CHAPPELL, as Trustee of the) above TRUST FUND, ) ) Plaintiffs, ) ) vs. ) ) CHRISTOPHER R. MORALES, INC., a) California corporation, ) ) Defendant. ) ) ) ) ) ) ) ) CV-11-3198 EJD [Proposed] CONTINGENT ORDER OF DISMISSAL Judge: Location: Courtroom: Hon. Edward J. Davila 280 South 1st Street San Jose, CA 95113 Courtroom 1- 5th Floor 23 24 25 26 27 28 1 CV-11-3198 EJD [PROPOSED] CONTINGENT ORDER OF DISMISSAL 1 2 [PROPOSED] ORDER: The parties hereto, having advised the Court that they have agreed to a settlement of this 3 action; IT IS HEREBY ORDERED that this action is dismissed without prejudice, provided, 4 however, that if any party hereto shall certify to this Court, with proof of service of copy thereon 5 on the Defendant or its counsel that the agreed consideration for the settlement has not been 6 delivered over, the foregoing Order shall vacated by this Court and this action shall forthwith be 7 restored to the calendar. Plaintiffs may then insert the appropriate amount owed seek Entry of 8 Judgment against Defendant for the remaining amounts owed. Judgment will then be entered 9 forthwith. 10 11 12 13 The Order to Show Cause issued December 14, 2011, is DISCHARGED and the hearing scheduled for January 13, 2012, is VACATED. The Clerk shall close this file. IT IS SO ORDERED. January 9, 2012 Dated: _______________ ___________________________________ U.S. District Court Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CV-11-3198 EJD [PROPOSED] CONTINGENT ORDER OF DISMISSAL

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