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
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
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.