San Mateo County Elec. Retirement v. Engelhart Elec

Full title: SAN MATEO COUNTY ELECTRICAL CONSTRUCTION INDUSTRY RETIREMENT TRUST; SAN…

Court: United States District Court, N.D. California

Date published: Nov 24, 2003

No. C03-1025 EMC (N.D. Cal. Nov. 24, 2003)

Opinion

No. C03-1025 EMC

November 24, 2003

RICHARD K. GROSBOLL, SCOTT M. De NARDO, NEYHART, ANDERSON, FREITAS, FLYNN GROSBOLI, San Francisco, CA, for Plaintiffs

SLOAN C. BAILEY, AHERNE, LEONIDOU ROSIN, for Defendant

STIPULATION FOR CONTINGENT ORDER OF DISMISSAL; CONTINGENT ORDER OF DISMISSAL

EDWARD CHEN, Magistrate Judge

The parties hereto stipulate as follows:

1. The parties have reached agreement to settle this case.

2. The settlement involves payment of consideration in payments over time.

3. If the payments are not made in a timely fashion or if the agreement is otherwise breached, Plaintiffs can file a Stipulation for Judgment. The Court will then order the entry of judgment. Plaintiffs have agreed not to file this Stipulation for Judgment if the Settlement Agreement is compiled with in full.

4. The parties agree that the matter can be dismissed but that Plaintiffs may reopen the matter at any time prior to December 31, 2005 if Plaintiffs certify to the Court that the consideration has not been paid. At that time, Plaintiffs may file their Stipulation for Judgment.

ORDER

The parties hereto, having advised the Court that they have greed to a settlement of this action.

IT IS HEREBY ORDERED that this action is dismissed with rejudice, provided, however, that if any party hereto shall certify to this Court, with proof of service of copy thereon on oposing counsel, on or before December 31, 2005 that the agreed consideration for the settlement has not been delivered over, the foregoing Order shall be vacated by this Court and this action shall forthwith be restored to the calendar. Plaintiffs lay then file the Stipulation for Judgment referred to in the above stipulation. Judgment will then be entered forthwith