Opinion
No. CV 04-00873 SI.
July 16, 2004
WILLIAM A. SOKOL, CHRISTIAN L. RAISNER, DAVID A. BOHL, WEINBERG, ROGER ROSENFELD A Professional Corporation, Oakland, California, Attorneys for Plaintiffs.
(PROPOSED) ORDER BASED ON STIPULATION AND SETTLEMENT AND RETAINING JURISDICTION TO ENFORCE AGREEMENT
The Complaint in this matter was filed on March 3, 2004. Plaintiffs are trustees on behalf of an employee benefit welfare fund, and the action is against a defendant employer. No answer or responsive pleading has been filed.
Plaintiffs and defendant have submitted a Stipulation for Order of Dismissal Based on Settlement, to which a copy of an executed Settlement Agreement and Release of Claims is attached. The stipulation, on behalf of all parties named in the action, requests that the court dismiss the lawsuit pursuant to certain terms of the Settlement Agreement and that the court retain jurisdiction for purposes of enforcing the terms of the settlement agreement.
Having read and considered the Stipulation and the Settlement Agreement and Release of Claims, and good cause appearing, the Court now orders as follows:
1. This civil action, No. C 04-00873 SI, shall be, and is, dismissed without prejudice; provided that
2. All claims of the parties respecting obligations arising in the period of December 1, 2003 through January 31, 2004, and all claims of the parties related to a labor dispute involving the United Food Commercial Workers Union or any other organization during the period of December 1, 2003 through January 31, 2004 shall be, and are, dismissed with prejudice, and
3. The Court shall retain jurisdiction for the purpose of enforcing this settlement agreement.