Trustees of the Operating Engineers Pension Trust et al v. Western Explosives Systems Company et al

Filing 74

ORDER DISMISSING CASE without Prejudice Granting 73 Stipulation for Dismissal. Signed by Chief Judge Gloria M. Navarro on 10/26/15. (Copies have been distributed pursuant to the NEF - ASB)

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LAQUER, URBAN, CLIFFORD & HODGE LLP
Michael A. Urban, Nevada Bar No. 3875
Nathan R. Ring, Nevada Bar No. 12078
Sean W. McDonald, Nevada Bar No. 12817
4270 South Decatur Blvd., Suite A-9
Las Vegas, Nevada 89103
T: [phone]
F: [phone]
[e-mail]; [e-mail];
[e-mail]
Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRUSTEES OF THE OPERATING ENGINEERS
PENSION TRUST; TRUSTEES OF THE
OPERATING ENGINEERS HEALTH AND
WELFARE FUND; TRUSTEES OF THE
OPERATING ENGINEERS JOURNEYMAN
AND APPRENTICE TRAINING TRUST; AND
TRUSTEES OF THE OPERATING ENGINEERS
VACATION-HOLIDAY SAVINGS TRUST,

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STIPULATION FOR DISMISSAL WITHOUT
PREJUDICE AND ORDER THEREON

Plaintiffs,

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Case No. 2:13-cv-00092-GMN-NJK

vs.
WESTERN EXPLOSIVES SYSTEMS
COMPANY, a Delaware corporation; JARED L.
FREDRICK, an individual; THOMAS C.
FREDRICK, JR., an individual; and PAUL A.
FREDRICK, an individual,
Defendants.

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Plaintiffs, TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST; TRUSTEES
OF THE OPERATING ENGINEERS HEALTH AND WELFARE FUND; TRUSTEES OF THE
OPERATING ENGINEERS JOURNEYMAN AND APPRENTICE TRAINING TRUST; AND
TRUSTEES OF THE OPERATING ENGINEERS VACATION-HOLIDAY SAVINGS TRUST, by and
through their counsel of record, Laquer, Urban, Clifford & Hodge, LLP, and Defendants, WESTERN
EXPLOSIVES SYSTEMS COMPANY, a Delaware corporation; JARED L. FREDRICK, an individual;
THOMAS C. FREDRICK, JR., an individual; and PAUL A. FREDRICK, an individual, by and through

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their counsel of record, Clark Law Counsel PLLC, hereby agree and stipulate subject to the approval and

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Order of the Court, as follows:

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1.

A full and final settlement of the above-entitled action has been entered into and agreed

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to by the Parties. The Parties have executed a Settlement Agreement and Mutual Release (“Settlement

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Agreement”). Therefore, the Parties request this action be dismissed without prejudice.

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2.

The Parties have agreed that this Court shall reserve and retain jurisdiction of this action

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and the Parties to enforce the terms of the Settlement Agreement. In accordance with the Second

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paragraph of the Settlement Agreement, the Parties shall cause their respective attorneys to execute a

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stipulation of dismissal with prejudice once the condition set forth in that paragraph is satisfied.

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DATED: October 20, 2015

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By:
/s/ Nathan R. Ring
Michael A. Urban, Nevada Bar No. 3875
Nathan R. Ring, Nevada Bar No. 12078
Sean W. McDonald, Nevada Bar No. 12817
4270 South Decatur Blvd., Suite A-9
Las Vegas, Nevada 89103
T: [phone]
[e-mail]; [e-mail];
[e-mail]
Counsel for Plaintiffs

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DATED: October 20, 2015

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CLARK LAW COUNSEL PLLC
By:
/s/ Dustin L. Clark
Dustin L. Clark, Nevada Bar No. 10548
10155 W. Twain Ave., Ste. 100
Las Vegas, NV 89147
T: [phone]
F: [phone]
[e-mail]
Counsel for Defendants

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LAQUER, URBAN, CLIFFORD & HODGE LLP

ORDER
IT IS HEREBY ORDERED that the above-entitled case be dismissed without prejudice. The
Court retains jurisdiction to enforce the terms of the settlement agreement of the parties.
DATED:

October 26, 2015

UNITED STATES DISTRICT JUDGE