Walters v. Ellison

Full title: Ken Walters, Don Doser, in their respective capacities as Trustees of the…

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

Date published: Aug 1, 2002

Case No.: C 01-02925 PJH (N.D. Cal. Aug. 1, 2002)

Opinion

Case No.: C 01-02925 PJH

August 1, 2002

Tracy L. Holtz, OPERATING ENGINEERS LOCAL UNION NO. 3 TRUST FUNDS-MULTI-SERVICES, Alameda, CA, Attorney for the Plaintiffs.

STIPULATION TO DISMISS ACTION WITH PREJUDICE; ORDER THEREON

PHLYLLIS J. HAMILTON, Hon. United States District Court Judge

Plaintiffs KEN WALTERS, DON DOSER, in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; PENSION TRUST FUND FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE-APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESERVATION TRUST FUND; OPERATING ENGINEERS INDUSTRY STABILIZATION TRUST FUND ("Operating Engineers Trust Funds") and Defendants DANIEL LLOYD ELLISON and AUBURN CONCRETE PUMPING ("Defendants") stipulate and agree to the following:

1. The Operating Engineers Trust Funds, the Defendants and Operating Engineers Local Union No. 3 executed a Confidential Settlement Agreement in order to resolve the above-captioned proceeding.

2. In light of the Confidential Settlement Agreement, the above-captioned matter is dismissed with prejudice pursuant to Federal Rule of Procedure 41(a)(1).

3. Each party will bear their own attorneys' fees and costs relating to this proceeding.

4. The Court will retain jurisdiction over the above-captioned proceeding to enforce the terms of the Confidential Settlement Agreement referenced in paragraph 1 above.

ORDER

Based upon the above-stated stipulation for dismissal of action with prejudice and pursuant to Federal Rule of Civil Procedure 41(a)(1), this action is dismissed with prejudice the Defendants. Each party will bear their own attorneys' fees and costs to relating to this proceeding. The Court retains jurisdiction to enforce the terms of the Confidential Settlement Agreement executed by the Operating Engineers Trust Funds, Defendants and the Union to resolve the above-captioned proceeding.