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Bay Area Painters and Tapers Pension Fund v. Interior Partitions

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, ...


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