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Board of Trustees for The Laborers Pension Trust Fund v. Linton

United States District Court, N.D. California, San Francisco Division

January 29, 2014

BOARD OF TRUSTEES FOR THE LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff,
v.
MARION A. LINTON, an individual, Defendant.

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

Marion A. Linton, Defendant.

STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AND FOR THE COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT; ORDER THEREON

RICHARD SEEBORG, District Judge.

STIPULATION

IT IS HEREBY STIPULATED by and between Plaintiff Board of Trustees for the Laborers Pension Trust Fund for Northern California, on the one hand, and Defendant Marion A. Linton, on the other hand, that pursuant to the Settlement Agreement and Release and Stipulation for Judgment ("Settlement Agreement"), which is expressly incorporated by reference into this Stipulation for Dismissal Without Prejudice and For the Court To Retain Jurisdiction to Enforce Settlement, 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.3d 1430, 1432 (9th Cir. 1995).


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