Opinion
Case No. 12-cv-05662 JST
03-28-2013
ELECTRICAL INDUSTRY SERVICE BUREAU, INC.; NORTHERN CALIFORNIA ELECTRICAL WORKERS PENSION TRUST; SAN FRANCISCO ELECTRICAL INDUSTRY APPRENTICESHIP AND TRAINING TRUST; ELECTRICAL WORKERS HEALTH AND WELFARE TRUST; NATIONAL ELECTRIC BENEFIT FUND; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 6 VACATION FUND; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 6; and TIM DONOVAN as Trustee of each of the Plaintiff Trust Funds except the National Electrical Benefit Fund and as agent for Plaintiff National Electrical Benefit Fund, Plaintiffs, v. BEAMAN'S, INC., a California corporation; Defendant.
Richard K. Grosboll, State Bar No. 99729 Eileen M. Bissen, State Bar No. 245821 NEYHART, ANDERSON, FLYNN & GROSBOLL
Richard K. Grosboll, State Bar No. 99729
Eileen M. Bissen, State Bar No. 245821
NEYHART, ANDERSON, FLYNN & GROSBOLL
STIPULATION AND [PROPOSED]
CONTINGENT ORDER OF DISMISSAL
The parties hereto stipulate as follows:
1. The parties have reached agreement to settle this case under the terms and conditions specified in the Settlement Agreement, attached hereto as Exhibit A.
2. The settlement involves payment of consideration over time.
3. If the settlement payments are not made in a timely fashion or if the Settlement Agreement is otherwise breached, Plaintiffs can file the Stipulation for Entry of Judgment attached hereto as Exhibit B. The Court shall then Order the Entry of Judgment. Plaintiffs have agreed not to file the Stipulation for Entry of Judgment if the Settlement Agreement is complied with in full.
4. The parties agree that Plaintiffs may reopen the matter by filing the Stipulation for Entry of Judgment at any time prior to September 1, 2013, if Defendant fails to pay the consideration due or otherwise violates the terms and conditions of the Settlement Agreement.
IT IS SO STIPULATED.
BEAMAN'S, INC
By: ______________________
DENIS H. BEAMAN
Its: ______________________
ELECTRICAL INDUSTRY SERVICE BUREAU
By: ______________________
JUDITH FISHER
Its: ______________________ Respectfully Submitted,
NEYHART, ANDERSON, FLYNN & GROSBOLL
By: ______________________
EILEEN M. BISSEN
Attorney for Plaintiffs
OLES MORRISON RINKER & BAKER, LLP
By: ______________________
CATHERINE W. DELREY
Attorneys for Defendant
[PROPOSED] ORDER
The parties hereto, having advised the Court that they have agreed to a settlement of this action,
IT IS HEREBY ORDERED that this action is dismissed; however, if Plaintiffs certify to this Court, with proof of service of a copy thereon on the Defendant or its counsel, on or before September 1, 2013, that the agreed consideration for the settlement has not been paid or the Settlement Agreement has otherwise been breached, the foregoing Order shall be vacated by this Court and this action shall forthwith be restored to the calendar. Plaintiffs may then file the Stipulation for Entry of Judgment referred to in the above stipulation and proof of payments made by Defendant and reasonable attorneys' fees and costs incurred by Plaintiffs. Judgment will then be entered forthwith.
IT IS SO ORDERED.
______________________
Honorable Jon S. Tigar
United States District Judge