Northwest Administrators Inc v. Bechtel National, Inc.

Filing 7

STIPULATION AND ORDER for Dismissal with Prejudice, signed by Judge Thomas S. Zilly. (SWT)

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THE HONORABLE THOMAS S. ZILLY UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NORTHWEST ADMINISTRATORS, INC., NO. C17-842-TSZ Plaintiff, v. STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE BECHTEL NATIONAL, INC., a Nevada corporation, Defendant. THE PARTIES above named, through their attorneys Russell J. Reid of Reid, McCarthy, Ballew & Leahy, L.L.P., attorneys for Plaintiff, and Elizabeth R. Kennar of Summit Law Group PLLC, attorneys for Defendant, Bechtel National, Inc., hereby stipulate that the above-referenced action should be dismissed, with prejudice, and with each party bearing its own costs. This Stipulation shall not foreclose Plaintiff or the Trust, based on res judicata principles or other legal principles, from collecting additional contributions, liquidated damages, interest and attorneys’ fees for the time period encompassed by this action, December 2016 and January 2017, if a future audit or some other source reveals that Defendant owes the Plaintiff additional amounts for said period, or from collecting contributions, liquidated damages, STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE – C17-842-TSZ Page 1 of 3 C:\Users\kdews\AppData\Local\Temp\notesD06208\Stipulated Dismissal.docx interest, attorney's fees and costs for any period other than December 2016 and January 2017. DATED this 1st day of September, 2017. REID, McCARTHY, BALLEW &. LEAHY, L.L.P. SUMMIT LAW GROUP PLLC /s/Russell J. Reid Russell J. Reid, WSBA #2560 Attorney for Plaintiff /s/Elizabeth R. Kennar Elizabeth R. Kennar, WSBA #25432 Attorney for Defendant ORDER OF DISMISSAL Based on the foregoing Stipulation of Plaintiff and Defendant, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action shall be and is hereby dismissed with prejudice and that each party shall bear its own costs of suit. This Order shall not foreclose Plaintiff or the Trust, based on res judicata principles or other legal principles, from collecting additional contributions, liquidated damages, interest and attorneys fees for the time period encompassed by this action, December 2016 and January 2017, if a future audit or some other source reveals that Defendant owes the Plaintiff additional amounts for said period, or from collecting contributions, liquidated damages, interest, attorney's fees and costs for any period other than December 2016 and January 2017. // STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE – C17-842-TSZ Page 2 of 3 C:\Users\kdews\AppData\Local\Temp\notesD06208\Stipulated Dismissal.docx ORDER ENTERED this 7th day of September, 2017. A Thomas S. Zilly United States District Judge Submitted for Entry: REID, McCARTHY, BALLEW & LEAHY, L.L.P. By /s/RusseJ. Reid Russell J. Reid, WSBA #2560 Attorneys for Plaintiff STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE – C17-842-TSZ Page 3 of 3 C:\Users\kdews\AppData\Local\Temp\notesD06208\Stipulated Dismissal.docx

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