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Bay Area Painters and Tapers Pension Fund v. Interior Partitions

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


April 23, 2008

BAY AREA PAINTERS AND TAPERS PENSION FUND, ET AL., PLAINTIFFS,
v.
INTERIOR PARTITIONS, INC., DEFENDANT.

The opinion of the court was delivered by: Judge Bernard Zimmerman

CONDITIONAL DISMISSAL WITHOUT PREJUDICE

The above-named plaintiffs, BAY AREA PAINTERS AND TAPERS PENSION FUND, et al., hereby voluntarily and Conditionally Dismiss, without prejudice, defendant in the above entitled action, under Federal Rule of Civil Procedure 41(a).

1. Defendant has made all payments required under the Judgment Pursuant to Stipulation ("Stipulation"), signed by the Court on May 9, 2008.

2. In accordance with paragraph 4 of the Stipulation, liquidated damages were conditionally waived subject to approval of the Board of Trustees. The Board of Trustees have agreed to a conditional waiver of liquidated damage subject to defendant remaining current in payment of contributions, as reported due to the Trust Funds, for a period of one year beginning with contributions due for work performed in the month of April 2008.

3. Upon defendant's compliance with this condition, plaintiffs will file a Satisfaction of Judgment with the Court.

It is requested that the Court shall retain jurisdiction over this matter.

Dated: April 22, 2008

IT IS SO ORDERED.

A Conditional Dismissal, without prejudice, is granted, and the Court shall retain jurisdiction over this matter.

until June 1, 2009.

IT IS SO ORDERED

CONDITIONAL DISMISSAL

PROOF OF SERVICE

I, the undersigned, declare:

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 120 Howard Street, Suite 520, San Francisco, California 94105.

On April 23, 2008, I served the following documents:

CONDITIONAL DISMISSAL WITHOUT PREJUDICE on the interested parties in said action by placing a true and exact copy of each document in and 10 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, California, addressed as follows:

John Koogle, Interior Partitions 11300 Sanders Drive, Suite 11 Rancho Cordova, California 95742

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 23rd day of April, 2008, at San Francisco, California.

20080423

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