Filed: Jun. 29, 2015
Latest Update: Jun. 29, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO DISMISS THE THIRD THROUGH EIGHTH AND TENTH CLAIMS FOR RELIEF IN THE SECOND AMENDED COMPLAINT EDWARD M. CHEN , District Judge . TO THE COURT, TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: This Stipulation is entered into by and between Plaintiffs David Slack, John Jarboe, Ken Bettis, Kenny Mendoza and Clyde Eli ("Plaintiffs") and Defendants Russell E. Burns, Dan Reding, Jim Sullivan, Carl Goff, Pete Figueiredo, Steve Ingersoll, Kevin J. Albanese, F
Summary: STIPULATION AND [PROPOSED] ORDER TO DISMISS THE THIRD THROUGH EIGHTH AND TENTH CLAIMS FOR RELIEF IN THE SECOND AMENDED COMPLAINT EDWARD M. CHEN , District Judge . TO THE COURT, TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: This Stipulation is entered into by and between Plaintiffs David Slack, John Jarboe, Ken Bettis, Kenny Mendoza and Clyde Eli ("Plaintiffs") and Defendants Russell E. Burns, Dan Reding, Jim Sullivan, Carl Goff, Pete Figueiredo, Steve Ingersoll, Kevin J. Albanese, F...
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STIPULATION AND [PROPOSED] ORDER TO DISMISS THE THIRD THROUGH EIGHTH AND TENTH CLAIMS FOR RELIEF IN THE SECOND AMENDED COMPLAINT
EDWARD M. CHEN, District Judge.
TO THE COURT, TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
This Stipulation is entered into by and between Plaintiffs David Slack, John Jarboe, Ken Bettis, Kenny Mendoza and Clyde Eli ("Plaintiffs") and Defendants Russell E. Burns, Dan Reding, Jim Sullivan, Carl Goff, Pete Figueiredo, Steve Ingersoll, Kevin J. Albanese, F.G. Crosthwaite, Thomas Holsman, John M. Humber, and Richard Piombo ("Defendants") (Plaintiffs and Defendants are the "Parties"). The Stipulation is entered into based upon the following facts:
A. On October 20, 2014, with leave of Court, Plaintiffs filed their Second Amended Complaint ("SAC"). (Dkts. 176, 179.) Defendants filed a Motion to Dismiss the SAC. (Dkts. 187, 188.)
B. On March 16, 2015, the Court issued its Order Granting in Part and Denying in Part Defendants' Motion to Dismiss. (Dkt. 199.)
C. Following the Court's ruling on all Defendants' Motions to Dismiss, the SAC presently alleges ERISA violations with respect to the "Longview investment" made by the Pension Fund (Claims 1 and 2), other, factually distinct ERISA violations related to alleged CBA circumvention affecting several Trusts (Claims 3-7) and alleged improper write-offs of signatory employer debts affecting all of the Trusts (Claim 8), and LMRDA violations against Defendants Burns, Goff and Reding related to alleged statements made following the filing of this action (Claim 10).
D. The Court held a Case Management Conference on April 2, 2015. The Parties have commenced discovery in the matter.
E. The Parties have agreed to the dismissal with prejudice of the Third through Eighth Claims for Relief, with each Party to bear their own fees and costs related to those Claims.
F. Plaintiffs and Defendants Russell E. Burns, Dan Reding, and Carl Goff have agreed to the dismissal without prejudice of the Tenth Claim for Relief
Therefore, Plaintiffs and the Defendants stipulate as follows:
1. As to the Third through Eighth Claims for Relief in the SAC, Plaintiffs, in their individual capacities as no class has been certified in this matter, hereby dismiss those Claims with prejudice. As to the Third through Eighth Claims for Relief in the SAC, the claims of absent putative class members are dismissed without prejudice.
2. All Parties shall bear their own fees and costs with respect to the Third through Eighth Claims for Relief in the SAC.
3. As to the Tenth Claim for Relief in the SAC, Plaintiffs, in their individual capacities as no class has been certified in this matter, hereby dismiss the Tenth Claim without prejudice. As to the Tenth Claim for Relief in the SAC, the claims of absent putative class members are dismissed without prejudice.
ORDER
Pursuant to the foregoing Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED that:
1. The Third through Eighth Claims for Relief in the Second Amended Complaint ("SAC") are dismissed by Plaintiffs, in their individual capacities, with prejudice as to the Plaintiffs.
2. The Third through Eighth Claims for Relief in the SAC are dismissed without prejudice as to the absent putative class members.
3. All Parties shall bear their own fees and costs with respect to the Third through Eighth Claims for Relief in the SAC.
4. The Tenth Claim for Relief in the SAC is dismissed by Plaintiffs, in their individual capacities, without prejudice.
5. The Tenth Claim for Relief in the SAC is dismissed without prejudice as to the absent putative class members.
IT IS SO ORDERED.
