Crosthwaite et al v. Dalecon, Inc. et al

Filing 23

ORDER RE NOTICE OF VOLUNTARY DISMISSAL (whalc2, COURT STAFF) (Filed on 10/22/2008)

Case 3:07-cv-05192-WHA

Document 22

Filed 10/17/2008

Page 1 of 3

1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 [phone] 4 [phone] ­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C07-5192 WHA NOTICE OF VOLUNTARY DISMISSAL

GIL CROSTHWAITE, RUSS BURNS, in their 12 respective capacities as Trustees of the OPERATING ENGNEERS HEALTH AND 13 WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al. 14 Plaintiffs, 15 v. 16 DALECON, INC., a California Corporation and RONALD HENRY STICKNEY, an individual, 17 Defendants. 18 19

PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1), plaintiffs GIL

20 CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the 21 OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN 22 CALIFORNIA, et al., voluntarily dismiss, without prejudice, their claim against defendants 23 DALECON, INC., and RONALD HENRY STICKNEY. Defendants have entered into a payment 24 plan for all amounts claimed by plaintiffs, and plaintiffs have not previously filed or dismissed any 25 similar action against defendants. 26 It is therefore requested that this action be dismissed without prejudice, and that the Court

27 shall retain jurisdiction over this matter. for one year. 28 /// NOTICE OF VOLUNTARY DISMISSAL CASE NO.: C07-5192 WHA

P:\CLIENTS\OE3CL\Dalecon Inc\Pleadings\C07-5192 WHA Notice of Voluntary Dismissal 101508.DOC

Case 3:07-cv-05192-WHA

Document 22

Filed 10/17/2008

Page 2 of 3

1

I declare under penalty of perjury that I am the attorney for the plaintiffs in the above

2 entitled action, and that the foregoing is true of my own knowledge. 3 4 5 6 7 8 9 IT IS SO ORDERED.
UNIT ED
ISTRIC ES D TC AT T

Executed this 16th day of October, 2008, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By:_____________/s/_________________ Michele R. Stafford Attorneys for Plaintiffs

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The proposed order is approved as modified. The Court shall retain jurisdiction over this matter for one year only.

P:\CLIENTS\OE3CL\Dalecon Inc\Pleadings\C07-5192 WHA Notice of Voluntary Dismissal 101508.DOC

NOTICE OF VOLUNTARY DISMISSAL CASE NO.: C07-5192 WHA

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October 20, 2008 Date:_________________

Judge _______________________________________ THE HONORABLE WILLIAM H. ALSUP ER C N D DISTRICT UNITED STATES IS T RIC T OF COURT JUDGE

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William

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This case is dismissed without prejudice and the Court shall retain jurisdiction over this ED 11 matter. for one year. ORDER T IS SO
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Case 3:07-cv-05192-WHA

Document 22

Filed 10/17/2008

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1 2 3 I, the undersigned, declare:

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State

4 of California. I am over the age of eighteen and not a party to this action. My business address is 5 44 Montgomery Street, Suite 2110, San Francisco, California 94104. 6 7 On October 17, 2008, I served the following document(s): NOTICE OF VOLUNTARY DISMISSAL

8 on the interested parties in said action by placing a true and exact copy of each document in a 9 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 10 Francisco, California, addressed as follows: 11 12 13 14 Robert D. Swanson, Esq. Boutin Gibson DiGuisto Hodell, Inc. 555 Capitol Mall, Suite 1500 Sacramento, California 95814 I declare under penalty of perjury that the foregoing is true and correct and that this

15 declaration was executed on this 17th day of October, 2008, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO.: C07-5192 WHA _______________/s/_________________ Vanessa de Fábrega

P:\CLIENTS\OE3CL\Dalecon Inc\Pleadings\C07-5192 WHA Notice of Voluntary Dismissal 101508.DOC