Filed: Feb. 07, 2020
Latest Update: Feb. 07, 2020
Summary: JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON KENDIS WESTMORE , District Judge . Plaintiffs and Defendant Defendant Vortex Marine Construction, Inc., A California Corporation, ("Vortex" or "Defendant"), by and through their respective counsel of record, hereby represent that a confidential settlement of this matter has been executed by both Plaintiffs and Defendant. The confidential settlement requires Defendant to comply with specific provisions over time in order to effectu
Summary: JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON KENDIS WESTMORE , District Judge . Plaintiffs and Defendant Defendant Vortex Marine Construction, Inc., A California Corporation, ("Vortex" or "Defendant"), by and through their respective counsel of record, hereby represent that a confidential settlement of this matter has been executed by both Plaintiffs and Defendant. The confidential settlement requires Defendant to comply with specific provisions over time in order to effectua..
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JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON
KENDIS WESTMORE, District Judge.
Plaintiffs and Defendant Defendant Vortex Marine Construction, Inc., A California Corporation, ("Vortex" or "Defendant"), by and through their respective counsel of record, hereby represent that a confidential settlement of this matter has been executed by both Plaintiffs and Defendant. The confidential settlement requires Defendant to comply with specific provisions over time in order to effectuate the settlement. Defendant's full compliance with these provisions must occur by September 25, 2020. 1 JOINT REQUEST TO DISMISS MATTER CONDITIONALLY; ORDER THEREON
Therefore, the Parties respectfully request that the Court conditionally dismiss this matter pending Defendant's compliance with the settlement terms. The Parties further request that the Court retain jurisdiction of this matter.
In the event that Defendant does not meet the conditions of the confidential settlement agreement, then Plaintiffs' Counsel may file a declaration under penalty of perjury on or before September 30, 2020, requesting that the dismissal of this matter not be effectuated by the Court and requesting that the matter be reinstated as a result of Defendant's failure to satisfy its obligations under this Settlement Agreement.
In the event Plaintiffs do not file said declaration by September 30, 2020, the Parties request that this Conditional Dismissal be converted to a Dismissal with Prejudice on or after October 1, 2020.
Respectfully submitted,
DATED: February 4, 2020 SALTZMAN & JOHNSON LAW
CORPORATION
By: /S/
Matthew P. Minser
Attorneys for Plaintiffs, Operating Engineers'
Health And Welfare Trust Fund for Northern
California, et al.
DATED: February 4, 2020 LAW OFFICE OF MARCUS T. BROWN
By: /S/
Marcus T. Brown
Attorneys for Defendant, Vortex Marine
Construction, Inc., A California Corporation, dba
Vortex Diving, Inc.
IT IS SO ORDERED.
In accordance with the settlement and request of the Parties, and good cause appearing therefore, IT IS HEREBY ORDERED that this matter is dismissed conditionally. The Court will shall retain jurisdiction over this matter until a final dismissal is entered.
In the event that Defendant defaults in performance of its settlement with Plaintiffs, Plaintiffs' Counsel may file a declaration under penalty of perjury before September 30, 2020, requesting that the dismissal of this matter not be effectuated by the Court and requesting that the matter be reinstated as a result of Defendant's failure to satisfy its obligations under the confidential settlement agreement. If Plaintiffs do not file said declaration by September 30, 2020, this Conditional Dismissal shall convert to a Dismissal with Prejudice of this matter effective October 1, 2020.
