United States District Court, N.D. California, (Oakland Division)
July 16, 2004.
ROBERT HAHN, MICHAEL McHUGH, LAWRENCE VALENTI, AND JOHN McGOVERN, In Their Capacities As Trustees Of, And On Behalf Of, The LABOR ALLIANCE MANAGED TRUST FUND, Plaintiffs,
ALBERTSON'S, INC., Defendant.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
(PROPOSED) ORDER BASED ON STIPULATION AND SETTLEMENT AND
RETAINING JURISDICTION TO ENFORCE AGREEMENT
The Complaint in this matter was filed on March 3, 2004.
Plaintiffs are trustees on behalf of an employee benefit welfare
fund, and the action is against a defendant employer. No answer
or responsive pleading has been filed.
Plaintiffs and defendant have submitted a Stipulation for Order
of Dismissal Based on Settlement, to which a copy of an executed
Settlement Agreement and Release of Claims is attached. The
stipulation, on behalf of all parties named in the action,
requests that the court dismiss the lawsuit pursuant to certain
terms of the Settlement Agreement and that the court retain
jurisdiction for purposes of enforcing the terms of the
settlement agreement. Having read and considered the Stipulation and the Settlement
Agreement and Release of Claims, and good cause appearing, the
Court now orders as follows:
1. This civil action, No. C 04-00873 SI, shall be, and is,
dismissed without prejudice; provided that
2. All claims of the parties respecting obligations arising in
the period of December 1, 2003 through January 31, 2004, and all
claims of the parties related to a labor dispute involving the
United Food & Commercial Workers Union or any other organization
during the period of December 1, 2003 through January 31, 2004
shall be, and are, dismissed with prejudice, and
3. The Court shall retain jurisdiction for the purpose of
enforcing this settlement agreement.
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.