Operating Engineers Local #49 Health and Welfare Fund and Central Pension Fund of the International Union of Operating Engineers and Participating Employers et al v. Engineered Concrete Place of Minnesota, Inc.

Filing 36

ORDER DISMISSING CASE(Written Opinion). Signed by Judge John R. Tunheim on June 15, 2009. (HAM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _______________________________________________________________________ OPERATING ENGINEERS LOCAL #49 HEALTH AND WELFARE FUND, CENTRAL PENSION FUND OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS, LOCAL #49 INTERNATIONAL UNION OF OPERATING ENGINEERS AND ASSOCIATED GENERAL CONTRACTORS OF MINNESOTA APPRENTICESHIP AND TRAINING PROGRAM AND THEIR TRUSTEES, Plaintiffs, v. ENGINEERED CONCRETE PLACER OF MINNESOTA, INC., ENGINEERED CONCRETE PLACER OF MINNESOTA D/B/A E-CON-PLACER, INC., AND RICHARD L. TOUSIGNANT, INDIVIDUALLY, Defendants. _______________________________________________________________________ Amy Court and Carl Wosmek, MCGRANN, SHEA, ANDERSON, CARNIVAL, STRAUGHN & LAMB, CHTD, 800 Nicollet Mall, Suite 2600, Minneapolis, MN 55402, for plaintiffs. Corie Tarara and Gregory Peters, SEATON BECK & PETERS, PA, 7300 Metro Boulevard, Suite 500, Minneapolis, MN 55439, for defendants. Based upon the parties' stipulation for dismissal with prejudice [Docket No. 34], and upon all of the files, records and proceedings herein, Civil No. 08-4819 (JRT/FLN) ORDER FOR DISMISSAL WITH PREJUDICE IT IS HEREBY ORDERED that all claims shall be dismissed in their entirety with prejudice, on the merits, and without costs, attorneys' fees, or disbursements to either party. DATED: June 15, 2009 at Minneapolis, Minnesota. s/John R. Tunheim JOHN R. TUNHEIM United States District Judge

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