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WALTERS v. LOWERY

United States District Court, Northern District of California, At San Francisco


May 1, 2003

KEN WALTERS, DON DOSER, IN THEIR RESPECTIVE CAPACITIES AS TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, PENSION TRUST FUND FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE-APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESERVATION TRUST FUND; AND OPERATING ENGINEERS LOCAL UNION NO. 3 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, PLAINTIFFS, VS. KEVIN ALOYSIUS LOWERY, INDIVIDUALLY AND DOING BUSINESS AS LOWERY ENGINEERING CONSTRUCTION, DEFENDANT.

The opinion of the court was delivered by: Samuel Conti, United States District Court Judge

STIPULATION TO DISMISS ACTION WITH PREJUDICE; ORDER THEREON
Plaintiffs KEN WALTERS, DON DOSER, in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, PENSION TRUST FUND FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE-APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESERVATION TRUST FUND; and OPERATING ENGINEERS LOCAL UNION NO. 3 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO ("Plaintiffs") and Defendant KEVIN ALOYSIUS LOWERY, individually and doing business as LOWERY ENGINEERING CONSTRUCTION ("Defendant") stipulate and agree to the following:

1. The above-captioned matter is dismissed with prejudice pursuant to Federal Rule of Procedure 41(a)(1).

2. Each party will bear their own attorneys' fees and costs relating to this proceeding.

ORDER

Based upon the above-stated stipulation for dismissal of action with prejudice and pursuant to Federal Rule of Civil Procedure 41(a)(1), this action is dismissed with prejudice as to the Defendant. Each party will bear their own attorneys' fees and costs to relating to this proceeding.

20030501

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