National Roofing Industry Pension Plan et al v. Rosie the Roofer LLC et al

Filing 7

ORDER TERMINATING National Roofing Industry Pension Plan AS PLAINTIFF on the Docket, signed by Magistrate Judge Erica P. Grosjean on 10/19/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOARDS OF TRUSTEES OF THE
ROOFERS LOCAL 27 HEALTH AND
WELFARE TRUST FUND, et al.,
Plaintiff,

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v.

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ORDER TERMINATING NATIONAL
ROOFING INDUSTRY PENSION PLAN
AS PLAINTIFF ON THE DOCKET
(ECF No. 6)

ROSIE THE ROOFER LLC, et al.,
Defendants.

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Case No. 1:17-cv-01049-AWI-EPG

On October 18, 2017, National Roofing Industry Pension Plan filed a notice to dismiss

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without prejudice its claims in this action against Defendants Rosie the Roofer LLC, Fidelity and

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Deposit Company of Maryland, and Does 1 through 50. (ECF No. 6.) Thus, the claims of

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National Roofing Industry Pension Plan are dismissed without prejudice. See Fed. R. Civ. P.

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41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Concha v. London,

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62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the

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plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule

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41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED to terminate NATIONAL

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ROOFING INDUSTRY PENSION PLAN on the docket as a plaintiff.
IT IS SO ORDERED.

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Dated:

October 19, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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