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F.G. Crosthwaite and Russell E. Burns, et al v. R. E. Serrano

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


February 2, 2012

F.G. CROSTHWAITE AND RUSSELL E. BURNS, ET AL., PLAINTIFFS,
v.
R. E. SERRANO, INC., A CALIFORNIA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: The Honorable Charles R. Breyer

STIPULATION FOR CONDITIONAL DISMISSAL; [PROPOSED] ORDER THEREON

PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1)(ii), Plaintiffs F.G. CROSTHWAITE, et al., and Defendant R. E. SERRANO, INC., stipulate to the voluntarily 18 dismissal, without prejudice, of this action. For good cause shown below, the parties herein 19 respectfully request that the Court conditionally dismiss this matter pending full compliance with a Settlement Agreement reached between the parties, as follows: 21

1. Plaintiffs have not previously filed or dismissed any similar action against Defendant and Defendant has not moved for summary judgment.

2. This action was filed on September 16, 2011, to compel Defendant's compliance with payment of Trust Fund contributions and related amounts, in accordance with their Collective 25 Bargaining Agreement. 26

3. Since then, the parties have reached a settlement for specified payments to be made by Defendant for receipt by Plaintiffs on or before Friday, December 9, 2011 and Friday 28

December 23, 2011, and for timely payments by Defendant to be received by Plaintiffs monthly 2 thereafter, through May 31, 2012. 3

4. In the event that Defendant fails to comply with the terms of the Settlement, Plaintiffs may move the court to reopen the matter for immediate entry of judgment, for the 5 amounts in default of settlement, as well as any further amounts then due, subject to proof. 6 7

Respectfully submitted,

Dated: January 31, 2012 SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Muriel B. Kaplan Attorneys for Plaintiffs Dated: January 30, 2012 SIMPSON, GARRITY, INNES & JACUZZI By: /S/ Paul V. Simpson Attorneys for Defendant

IT IS SO ORDERED.

This case shall be conditionally dismissed subject to compliance with the terms of a Settlement Agreement between the parties, and the court shall retain jurisdiction of the action 18 through June 30, 2012.

Date:

January 31 2012

IT SO

I N IS ORDERED

Charles R. Breyer Judge

20120202

© 1992-2012 VersusLaw Inc.



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