The opinion
1 || Ronald L. Richman (SBN 139189)
Sarah Bowen (SBN 308633)
2 || BULLIVANT HOUSER BAILEY PC
101 Montgomery Street, Suite 2600
3 || San Francisco, CA 94104-4146
Telephone: 415.352.2700
4 || Facsimile: 415.352.2701
E-mail:ron.richman@pbullivant.com
5 sarah.bowen@bullivant.com
6 || Attorneys for Plaintiffs
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10 OAKLAND DIVISION
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12 || BOARD OF TRUSTEES OF THE Case No.: 4:17-cv-06474-HSG
LABORERS HEALTH AND WELFARE
13 |} TRUST FUND FOR NORTHERN STIPULATION FOR DISMISSAL
CALIFORNIA; BOARD OF TRUSTEES OF WITHOUT PREJUDICE AND
14 || THE LABORERS PENSION TRUST FUND RETENTION OF JURISDICTION;
FOR NORTHERN CALIFORNIA; BOARD ORDER THEREON
15 || OF TRUSTEES OF THE LABORERS
VACATION-HOLIDAY TRUST FUND FOR
16 || NORTHERN CALIFORNIA; and BOARD OF
TRUSTEES OF THE LABORERS TRAINING
17 || AND RETRAINING TRUST FUND FOR
NORTHERN CALIFORNIA,
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Plaintiffs,
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VS.
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JUAN MANUEL LOZA, an individual doing
21 || business as LOZA & SONS
CONSTRUCTION,
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Defendant.
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24 IT IS HEREBY STIPULATED by and between Plaintiffs, on the one hand, and
25 || Defendant Juan Manuel Loza, an individual doing business as Loza & Sons Construction, on the
26 || other hand, through their respective counsel, that pursuant to the Settlement Agreement and
27 || Release (“Agreement”), which is expressly incorporated by reference into this Stipulation for
28 || Dismissal Without Prejudice and Retention of Jurisdiction, that this Court dismiss this action,
4828-6491-1555.1 29512/00267 -l-
STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AND RETENTION OF JURISDICTION; ORDER
THEREON
1 || without prejudice, and retain jurisdiction over this matter to enforce the Agreement should any
2 || action be required to enforce the Agreement after the dismissal without prejudice is entered by
3 || the Court.
4 }| DATED: July 27, 2020
5 BULLIVANT HOUSER BAILEY PC
7 By _/s/ Ronald L. Richman
Ronald L. Richman
8 Sarah Bowen
9 Attorneys for Plaintiffs
10 || DATED: July 27, 2020
i SIMPSON, GARRITY, INNES & JACUZZI PC
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13 By _/s/ Paul V. Simpson
i4 Paul V. Simpson
Sean Broderick
15 Attorneys for Defendant
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4828-6491-1555,1 29512/00267 -2-
STIPULATION FOR DISMISSAL WITHOUT ey □□□ RETENTION OF JURISDICTION; ORDER
1 ORDER
2 Pursuant to the parties’ Stipulation and Agreement, which terms and conditions are fully
3 || incorporated herein by this reference, and good cause appearing:
4 IT IS HEREBY ORDERED that this matter is dismissed, without prejudice.
> IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this
6 || matter to enforce the Agreement should any action be required to enforce the Agreement after
7 || the dismissal without prejudice is entered by the Court. See, generally, Kokkonen v. Guardian
8 || Life Ins. Co. of America, 511 U.S. 357, 381 (1994); Hagestad v. Tragesser, 49 F.3d 1430, 1432
9 |] (9 Cir. 1995).
10 |} DATED: _7/29/2020
12 HON. HAYWOOD S. GILLIAM, JR. □
UNITED STATES DISTRICT JUDGE
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4828-649 1-1555.1 29512/00267 -3-
STIPULATION FOR DISMISSAL WITHOUT ee AND RETENTION OF JURISDICTION; ORDER