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Automotive Industries Pension Trust Fund, James H. Beno, Trustee v. Hustead's

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)


November 6, 2012

AUTOMOTIVE INDUSTRIES PENSION TRUST FUND, JAMES H. BENO, TRUSTEE, BILL BRUNELLI, TRUSTEE, STEPHEN J. MACK, TRUSTEE, CHRIS CHRISTOPHERSEN,
TRUSTEE, DON CROSATTO, TRUSTEE, MARK HOLLIBUSH, TRUSTEE, JON ROSELLE,
TRUSTEE, DOUG CORNFORD, TRUSTEE, AND
JAMES V. CANTERBURY, TRUSTEE,
PLAINTIFFS,
v.
HUSTEAD'S, INC., A CALIFORNIA CORPORATION; JOE F. RUDD, INDIVIDUALLY AND AS TRUSTEE OF THE RUDD FAMILY TRUST; MARY E. RUDD,
INDIVIDUALLY AND AS TRUSTEE OF THE RUDD FAMILY TRUST; GALE V. LARKS, AN INDIVIDUAL;
CAROL A. LARKS, AN INDIVIDUAL; AND DOES 1 THROUGH 10,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Edward M. Chen United States District Judge

STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE; (PROPOSED) ORDER

IT IS HEREBY STIPULATED by the parties to this action, through their respective 3 counsel, that pursuant to the Settlement Agreement and Release ("Settlement Agreement"), 4 which is expressly incorporated by reference into this Stipulation for Voluntary Dismissal With Prejudice, this Court dismiss this action with prejudice, with all parties to bear their own costs 6 and attorneys' fees, and retain jurisdiction over this matter to enforce the Settlement Agreement 7 should any action be required to enforce the Settlement Agreement after the dismissal is entered 8 by the Court. 9

IT IS SO STIPULATED.

Dated: November 1, 2012. SALTZMAN & JOHNSON LAW CORPORATION By: ___________/S/___________________ Anne M. Bevington Attorneys for Plaintiffs

I, Anne M. Bevington, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the 14 concurrence to the filing of this document has been obtained from each signatory hereto. 15

Dated: October 31, 2012. HUDDLESTON & SIPOS LAW GROUP LLP By: ___________/S/__________________ Robert A. Huddleston Attorneys for Defendant

ORDER

Pursuant to the parties' Stipulation and Settlement Agreement, the terms and conditions 23 of which are fully incorporated herein by this reference, and good cause appearing: 24

IT IS HEREBY ORDERED that this matter is dismissed with prejudice, the parties to 25 bear their own costs and attorneys' fees. 26

IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this 27 matter to enforce the Settlement Agreement should any action be required to enforce the 28 Settlement Agreement after the dismissal with prejudice is entered by the Court. See generally 2 Kokkonen v. Guardian Life Ins. Co. of America, 511 US 357, 381 (1994); Hagestad v.Tragesser, 3 49 F.3rd 1430, 1432 (9th Cir. 1995). ES DIST AT RIC

IT IS SO ORDERED.

Edward M. Chen Judge

20121106

© 1992-2012 VersusLaw Inc.



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