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

Opinion

Ronald L. Richman (SBN 139189) Sarah Bowen (SBN 308633) BULLIVANT HOUSER BAILEY PC 101 Montgomery Street, Suite 2600 San Francisco, CA 94104-4146 Telephone: 415.352.2700 Facsimile: 415.352.2701 E-mail:ron.richman@pbullivant.com sarah.bowen@bullivant.com Attorneys for Plaintiffs BOARD OF TRUSTEES OF THE Case No.: 4:17-cv-06474-HSG LABORERS HEALTH AND WELFARE } TRUST FUND FOR NORTHERN STIPULATION FOR DISMISSAL CALIFORNIA; BOARD OF TRUSTEES OF WITHOUT PREJUDICE AND THE LABORERS PENSION TRUST FUND RETENTION OF JURISDICTION; FOR NORTHERN CALIFORNIA; BOARD ORDER THEREON OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiffs, VS. JUAN MANUEL LOZA, an individual doing business as LOZA & SONS CONSTRUCTION, Defendant. IT IS HEREBY STIPULATED by and between Plaintiffs, on the one hand, and Defendant Juan Manuel Loza, an individual doing business as Loza & Sons Construction, on the other hand, through their respective counsel, that pursuant to the Settlement Agreement and Release (“Agreement”), which is expressly incorporated by reference into this Stipulation for 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

without prejudice, and retain jurisdiction over this matter to enforce the Agreement should any action be required to enforce the Agreement after the dismissal without prejudice is entered by the Court. }| DATED: July 27, 2020 BULLIVANT HOUSER BAILEY PC By _/s/ Ronald L. Richman Ronald L. Richman Sarah Bowen Attorneys for Plaintiffs DATED: July 27, 2020 i SIMPSON, GARRITY, INNES & JACUZZI PC By _/s/ Paul V. Simpson i4 Paul V. Simpson Sean Broderick Attorneys for Defendant

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

Pursuant to the parties’ Stipulation and 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 Agreement should any action be required to enforce the 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 ] (9 Cir. 1995). } DATED: _7/29/2020

HON. HAYWOOD S. GILLIAM, JR. □ UNITED STATES DISTRICT JUDGE

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