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Automotive Industries Pension Trust Fund v. Kim

United States District Court, N.D. California

February 14, 2014

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, DOUGLAS CORNFORD, Trustee, and JAMES
v.
CANTERBURY, Trustee, Plaintiffs,
v.
JAE JUNG KIM dba TRI-CITY BODY & PAINT; TRI-CITY BODY & PAINT, INC., a California Corporation; and DOES 1-20, Defendants.

PHILIP M. MILLER (SBN 87877), ANNE BEVINGTON (SBN 111320), KIMBERLY A. HANCOCK (SBN 205567), SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.

TRUCKER HUSS, SEAN T. STRAUSS, Attorneys for Defendants.

STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER THEREON [F.R.C.P. Rule 41(a)(1)(A) (ii)]

JON S. TIGAR, District Judge.

IT IS HEREBY STIPULATED by and between the parties to this action, through their respective attorneys of record herein, that under the terms of the Settlement Agreement ("Settlement Agreement") attached hereto as Exhibit A, the Court shall dismiss this action with prejudice, with all parties to bear their own costs and attorneys' fees, and retain jurisdiction over this matter in the event that any action is required to enforce the terms of the Settlement Agreement after dismissal is entered by the Court.

IT IS SO STIPULATED.

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

ORDER

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

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

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 its terms after the dismissal with 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).

IT IS SO ORDERED.

EXHIBIT A

EXHIBIT A TO STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE

SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release ("Agreement") is made and entered into by and between the Automotive Industries Pension Trust Fund ("Trust Fund") and its Trustees, on the one hand, and Jae Jung Kim and Tri-City Body & Paint, Inc. (collectively, "Defendants"), on the other hand. The foregoing persons and entities are hereinafter collectively referred to as the "Parties, " and individually as a Party.

RECITALS

A. On May 11, 2012, the Trust Fund assessed withdrawal liability against Tri-City Body & Paint, a sole proprietorship owned and operated by Jae Jung Kim, and its controlled group in the amount of $153, 049.00 ("the Assessment").

B. On April 9, 2013, the Trust Fund and its Trustees filed an action in the United States District Court for the Northern District of California, Case No. CV-13-1597 KAW, entitled Automotive Industries Pension Trust Fund, et al., v. Jae Jung Kim dba Tri-City Body & Paint, et al. ("the Action") to recover the Assessment and other alleged damages related to the Assessment.

C. By this Agreement and the accompanying Stipulation for Entry of Judgment, the Parties intend to fully resolve the Action and provide for the full and ...


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