THE HONORABLE JUDGE JOHN C. COUGHENOUR 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

__________________________________ 

RICHARD L. AHEARN, Regional Director 

of the Nineteenth Region of the National 

Labor Relations Board, for and on behalf of 

the NATIONAL LABOR RELATIONS 

BOARD 

 Petitioner, 

 v. 

FIRST TRANSIT, INC. 

 Respondent. 

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Civil No. CV06-0690 

STIPULATION AND ORDER 

INDEFINITELY POSTPONING CASE 

 RONALD MEISBURG, General Counsel 

 CATHERINE M. ROTH, Regional Attorney 

 Region 19 

 IRENE HARTZELL BOTERO, Attorney 

 Region 19 

 NATIONAL LABOR RELATIONS BOARD, 

 Region 19 

 2948 Jackson Federal Building 

 915 Second Avenue 

 Seattle, Washington 98174 

 Telephone: (206) 220-6301 

THE HONORABLE JUDGE JOHN C. COUGHENOUR 

 UNITED STATES DISTRICT JUDGE 

 

Case 2:06-cv-00690-JCC Document 11 Filed 06/29/06 Page 1 of 4
STIPULATION AND ORDER INDEFINITELY POSTPONING CASE 

UNDER 29 U.S.C. SECTION 160(j) 

 IT IS HEREBY STIPULATED AND AGREED by and between the Petitioner, 

Richard L. Ahearn, Regional Director of the Nineteenth Region of the National Labor 

Relations Board, for an on behalf of the National Labor Relations Board (“the Board”) 

and the Respondent, First Transit, Inc., by their respective attorneys and subject to 

approval of the Court, that: 

 1. On May 22, 2006, after securing authorization from the Board, the Petitioner, 

for and on behalf of the Board, filed a Petition with this Court pursuant to Section 10(j) of 

the National Labor Relations Act, 29 U.S.C. Section 160(j), seeking a temporary 

injunction against Respondent, pending the final administrative disposition of certain 

unfair labor practice charges now pending before the Board, from violating Section 

8(a)(1)[, (3) and (5)] of the Act, 29 U.S.C. Section 158(a)(1)[,(3) and (5)]. 

 2. In consideration of Respondent entering into a Formal Settlement Stipulation, 

attached herein as Appendix 1, Petitioner agrees that this Petition and accompanying 

memorandum noted for consideration on June 16, 2006, shall be postponed indefinitely 

and that this cause of action shall be placed on the Court’s inactive docket, pending the 

issuance of the Board’s Order in NLRB Cases 19-CA-29622, 19-CA-29708 and 19-CA30032, pursuant to the Formal Settlement Stipulation. 

Case 2:06-cv-00690-JCC Document 11 Filed 06/29/06 Page 2 of 4
 3. After the issuance of the Board’s Order in NLRB Cases 19-CA-29622, 19-CA29708 and 19-CA-30032, Petitioner shall cause this proceeding to be dismissed with 

prejudice and without costs to either party. 

 

_______________________ _______________________ 

Irene Hartzell Botero James Shore 

NLRB Region 19 Counsel for Respondent 

Counsel for Petitioner By Irene Hartzell Botero with permission 

 from James Shore 

 Stoel Rives, LLP 

 600 University Street, Suite 3600 

 Seattle, Washington 98010-3197 

Dated at Seattle, Washington 

This 12th day of June 2006 

MINUTE ORDER 

 The following Order is made by direction of the Court, the Honorable John C. 

Coughenour, United States District Judge: 

 The Stipulation agreed to between the Petitioner, Richard L. Ahearn, Regional 

Director of Region 19 of the National Labor Relations Board and Respondent, First 

Transit, Inc., is hereby approved, therefore, it is ORDERED that: 

(1) service of a copy of this Order by made forthwith by an individual employed by or 

designated by the National Labor Relations Board to perform service and not a party in 

this proceeding, in any manner provided in the Federal Rules of Civil Procedure, and 

that proof of such service be filed herein; 

Case 2:06-cv-00690-JCC Document 11 Filed 06/29/06 Page 3 of 4
(2) Petitioner’s petition for injunctive relief (and accompanying memorandum) shall 

be postponed indefinitely and this cause of action shall be placed on this Court’s 

inactive docket, pending the issuance of the Board’s Order in NLRB Cases 19-CA29622, 19-CA-29708 and 19-CA-30032; 

(3) Petitioner will notify the Court within ten days of the issuance of the Board’s 

Order in NLRB Cases 19-CA-29622, 19-CA29708 and 19-CA-30032, and the 

Petitioner’s petition for injunctive relief will be dismissed with prejudice and without costs 

to either party. 

 The parties are directed to otherwise comply with the Federal Rules of Civil 

Procedure and the Local Rules for the Western District of Washington. This case shall 

be removed from the Court’s active caseload. 

 DATED this 29th day of June, 2006 

 

 

 UNITED ST

A

ATES DISTRICT JUDGE 

Case 2:06-cv-00690-JCC Document 11 Filed 06/29/06 Page 4 of 4