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STIPULATION FOR ENTRY OF ORDER FOR RETENTION OF JURISDICTION Case No. CV-09-0371 VRW

Kent Khtikian, Esq. (#99843) 

Katzenbach and Khtikian 

1714 Stockton Street, Suite 300

San Francisco, California 94133-2930

Telephone: (415) 834-1778

Facsimile: (415 834-1842

 

Attorney for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRICKLAYERS AND ALLIED CRAFTWORKERS ) CASE NO. CV 09-0371 VRW 

LOCAL UNION NO. 3, AFL-CIO; ) (EMC)

TRUSTEES OF THE NORTHERN CALIFORNIA ) 

TILE INDUSTRY PENSION TRUST; TRUSTEES )STIPULATION FOR ENTRY OF 

OF THE NORTHERN CALIFORNIA TILE )ORDER FOR RETENTION OF

INDUSTRY HEALTH AND WELFARE TRUST FUND;)JURISDICTION 

TRUSTEES OF THE NORTHERN CALIFORNIA ) 

TILE INDUSTRY APPRENTICESHIP AND ) 

TRAINING TRUST FUND; TILE INDUSTRY ) 

PROMOTION FUND OF NORTHERN CALIFORNIA, ) 

INC., a not-for-profit California ) 

corporation; TILE EMPLOYERS CONTRACT ) 

ADMINISTRATION FUND; TRUSTEES OF THE ) 

INTERNATIONAL UNION OF BRICKLAYERS AND )

ALLIED CRAFTWORKERS PENSION FUND, ) 

 ) 

Plaintiffs, )

 ) 

vs. ) 

 )

VASSALLO TILE, MARBLE & GRANITE CORP., )

a California corporation; AMERICAN )

CONTRACTORS INDEMNITY COMPANY, a ) 

California corporation; ANTONIO )

VASSALLO; GIOVANNI VASSALLO, )

 )

Defendants. )

 )

WHEREAS plaintiffs and defendants have entered into a

settlement agreement on the record which resolves plaintiffs

claims against Antonio Vassallo and Giovanni Vassallo only and

only the third claim for relief against Vassallo Tile, Marble &

Granite Corp (leaving other claims for relief against Vassallo

Case 3:09-cv-00371-JW Document 43 Filed 03/23/10 Page 1 of 3
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STIPULATION FOR ENTRY OF ORDER FOR RETENTION OF JURISDICTION Case No. CV-09-0371 VRW 2

Tile pending and unresolved);

WHEREAS the settlement agreement provides that the parties

are to execute, at this time, a stipulation for entry of partial

judgment and judgment form;

WHEREAS the settlement agreement further provides that the

plaintiffs are to hold the stipulation for entry of partial

judgment and judgment form and not submit the form to the Court

for entry of judgment until such time, if any, that defendants

breach certain conditions set forth in the settlement agreement;

WHEREAS the conditions which might be breached by defendants

do not expire until August 1, 2012; and,

WHEREAS it is likely that plaintiffs claims against the

remaining defendant Vassallo Tile, Marble & Granite Corp., will

be resolved before August 1, 2012

NOW THEREFORE, the parties agree to and request entry of the

Order set forth below.

SO STIPULATED AND AGREED:

Diemer, Whitman & Cardosi LLP

Dated: March 5, 2010 /s/ Judith Whitman 

 Judith L. Whitman

 Attorney for Defendants

Katzenbach & Khtikian

Dated: March 15, 2010 /s/ Kent Khtikian 

 Kent Khtikian

 Attorney for Plaintiffs

Attestation Of Concurrence

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STIPULATION FOR ENTRY OF ORDER FOR RETENTION OF JURISDICTION Case No. CV-09-0371 VRW 3

I, Kent Khtikian, declare that Judith Whitman has signed the

Stipulation set forth above and that I have in my possession her

signatures on this document.

I declare under penalty of perjury that the foregoing is

true and correct.

Executed this 15th day of March 2010, in San Francisco,

California.

 /s/ Kent Khtikian 

 Kent Khtikian

ORDER

IT IS HEREBY ORDERED that:

1. Antonio Vassallo and Giovanni Vassallo shall remain

parties in this action, and shall not be dismissed, until the

earlier of such time that plaintiffs request their dismissal or

February 1, 2013. In the event the Plaintiffs have not earlier

sought entry of judgment against Antonio Vassallo and Giovanni

Vassallo, Plaintiffs shall request the dismissal of Antonio

Vassallo and Giovanni Vassallo no later than by February 1, 2013.

2. The Court shall retain jurisdiction in this matter for

the purpose of entering the stipulation for judgment against

defendants.

Dated: __________________ _______________________________

 Edward M. Chen

 U.S. Magistrate Judge

March 23, 2010 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Vaughn R Walker

Case 3:09-cv-00371-JW Document 43 Filed 03/23/10 Page 3 of 3