Opinion
CIVIL ACTION NO.: 5:12-CV-01723
01-11-2013
ROOFERS LOCAL 195 PENSION FUND, by Patricia Redhead, Plan Manager; ROOFERS LOCAL 195 HEALTH AND ACCIDENT FUND, by Patricia Redhead, Plan Manager; ROOFERS LOCAL 195 ANNUITY FUND, by Patricia Redhead, Plan Manager; ROOFERS LOCAL 195 JOINT APPRENTICESHIP TRAINING FUND, by Ronald Haney and Joseph Chiarizia, as Trustees; ROOFERS' LOCAL UNION NO. 195 LABOR-MANAGEMENT COOPERATION COMMITTEE, by Ronald Haney and Joseph Chiarizia, as Trustees; NATIONAL ROOFING INDUSTRY PENSION FUND, by Kinsey Robinson, as Chairman; LOCAL 195 OF NEW YORK UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLIED WORKERS, AFL-CIO, by Ronald Haney, Business Manager, Plaintiffs, v. W.J. FARLEY ROOFING CORPORATION, and JOYCE FARLEY, Individually, and as an officer of W.J. FARLEY ROOFING CORPORATION, Defendants.
BLITMAN & KING LLP Jenifer A. Attorneys for Plaintiffs CASE & LEASER LLP Robert Leader, Esq. Attorneys for Defendants
STIPULATION AND
ORDER OF
DISCONTINUANCE WITH
RIGHT TO REOPEN
(DNH/DEP)
It is hereby stipulated and agreed, by and between the undersigned counsel, the attorneys of record for Plaintiffs and Defendants, no party being an infant or incompetent person or in the military service, as follows:
1. The action is settled in accordance with the terms of a Stipulation of Settlement ["Stipulation of Settlement"], executed by the Defendants on December 28, 2012, and executed by Plaintiffs on January 7, 2013, January 9, 2013 and January 9, 2013, which document is incorporated herein by reference.
2. The action is discontinued, without prejudice, pursuant to FRCP Rule 41(a), subject to the terms and conditions of this Stipulation and Order and the parties' right to reopen the action.
3. The Court expressly maintains and retains jurisdiction over this action, the settlement, and the parties for purposes of enforcing the settlement, obtaining compliance with the terms of the Stipulation of Settlement, and allowing Plaintiffs to proceed with entry of judgment against the Defendants in accordance with the terms and conditions of the Stipulation of Settlement.
4. In accordance with paragraph no. 3, the parties retain and are expressly granted the right to reopen this action to obtain compliance with the terms of the Stipulation of Settlement and to, among other things, allow Plaintiffs to proceed with entry of judgment against the Defendants in accordance with the terms and conditions of the Stipulation of Settlement.
BLITMAN & KING LLP
By: _________________
Jenifer A. Clark, Esq.
Attorneys for Plaintiffs
CASE & LEASER LLP
By: _________________
Robert Leader, Esq.
Attorneys for Defendants
IT IS SO ORDERED:
______________________
David E. Peebles
U.S. Magistrate Judge