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Board of Trustees of Laborers Health and Welfare Trust Fund v. Euro-Tech Construction & Trucking, Inc.

United States District Court, Ninth Circuit

August 5, 2013

BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiffs,
v.
EURO-TECH CONSTRUCTION & TRUCKING, INC., a California Corporation; JOHN CHARLES FEELY, an individual, Defendants.

Ronald L. Richman, SBN 139189, Susan J. Olson, SBN 152467, BULLIVANT HOUSER BAILEY PC, San Francisco, California, Attorneys for Plaintiffs.

EURO-TECH CONSTRUCTION & TRUCKING, INC. John Charles Feely, Defendant.

STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; ORDER THEREON

DONNA M. RYU, Magistrate Judge.

IT IS HEREBY STIPULATED by and between Plaintiffs, on the one hand, and Defendants Euro-Tech Construction & Trucking, Inc. and John Charles Feely, on the other hand, that pursuant to the Settlement Agreement and Release ("Settlement Agreement"), which is expressly incorporated by reference into this Stipulation for Dismissal Without Prejudice and provides for this Court to retain jurisdiction to enforce the Settlement Agreement, that this Court dismiss this action, without prejudice, and retain jurisdiction over this matter to enforce the Settlement Agreement should any action be required to enforce the Settlement Agreement after the dismissal without prejudice is entered by the Court,

ORDER

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

IT IS HEREBY ORDERED that this matter is dismissed, without prejudice.

IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this matter to enforce the Settlement Agreement should any action be required to enforce the Settlement Agreement after the dismissal without prejudice is entered by the Court. See generally Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 357, 381 (1994); Hagestad v. Tragesser, 49 F.3rd 1430, 1432 (9th Cir. 1995).


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