Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California v. Loza

Opinion

1 || Ronald L. Richman (SBN 139189) Sarah Bowen (SBN 308633) 2 || BULLIVANT HOUSER BAILEY PC 101 Montgomery Street, Suite 2600 3 || San Francisco, CA 94104-4146 Telephone: 415.352.2700 4 || Facsimile: 415.352.2701 E-mail:ron.richman@pbullivant.com 5 sarah.bowen@bullivant.com 6 || Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 || BOARD OF TRUSTEES OF THE Case No.: 4:17-cv-06474-HSG LABORERS HEALTH AND WELFARE 13 |} TRUST FUND FOR NORTHERN STIPULATION FOR DISMISSAL CALIFORNIA; BOARD OF TRUSTEES OF WITHOUT PREJUDICE AND 14 || THE LABORERS PENSION TRUST FUND RETENTION OF JURISDICTION; FOR NORTHERN CALIFORNIA; BOARD ORDER THEREON 15 || OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY TRUST FUND FOR 16 || NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE LABORERS TRAINING 17 || AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, 18 Plaintiffs, 19 VS. 20 JUAN MANUEL LOZA, an individual doing 21 || business as LOZA & SONS CONSTRUCTION, 22 Defendant. 23 24 IT IS HEREBY STIPULATED by and between Plaintiffs, on the one hand, and 25 || Defendant Juan Manuel Loza, an individual doing business as Loza & Sons Construction, on the 26 || other hand, through their respective counsel, that pursuant to the Settlement Agreement and 27 || Release (“Agreement”), which is expressly incorporated by reference into this Stipulation for 28 || Dismissal Without Prejudice and Retention of Jurisdiction, that this Court dismiss this action,

4828-6491-1555.1 29512/00267 -l- STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AND RETENTION OF JURISDICTION; ORDER THEREON

1 || without prejudice, and retain jurisdiction over this matter to enforce the Agreement should any 2 || action be required to enforce the Agreement after the dismissal without prejudice is entered by 3 || the Court. 4 }| DATED: July 27, 2020 5 BULLIVANT HOUSER BAILEY PC 7 By _/s/ Ronald L. Richman Ronald L. Richman 8 Sarah Bowen 9 Attorneys for Plaintiffs 10 || DATED: July 27, 2020 i SIMPSON, GARRITY, INNES & JACUZZI PC 12 13 By _/s/ Paul V. Simpson i4 Paul V. Simpson Sean Broderick 15 Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28

4828-6491-1555,1 29512/00267 -2- STIPULATION FOR DISMISSAL WITHOUT ey □□□ RETENTION OF JURISDICTION; ORDER

1 ORDER 2 Pursuant to the parties’ Stipulation and Agreement, which terms and conditions are fully 3 || incorporated herein by this reference, and good cause appearing: 4 IT IS HEREBY ORDERED that this matter is dismissed, without prejudice. > IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this 6 || matter to enforce the Agreement should any action be required to enforce the Agreement after 7 || the dismissal without prejudice is entered by the Court. See, generally, Kokkonen v. Guardian 8 || Life Ins. Co. of America, 511 U.S. 357, 381 (1994); Hagestad v. Tragesser, 49 F.3d 1430, 1432 9 |] (9 Cir. 1995). 10 |} DATED: _7/29/2020

12 HON. HAYWOOD S. GILLIAM, JR. □ UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4828-649 1-1555.1 29512/00267 -3- STIPULATION FOR DISMISSAL WITHOUT ee AND RETENTION OF JURISDICTION; ORDER