Crosthwaite et al v. Spilker Associate, et al.

Filing 30

ORDER granting notice of voluntary dismissal. Signed by Judge Susan Illston on 7/2/12. (tfS, COURT STAFF) (Filed on 7/5/2012)

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, California 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 OPERATING ENGNEERS HEALTH AND
WELFARE TRUST FUND FOR NORTHERN
11 CALIFORNIA, et al.,

Case No.: C08-4520 SI
NOTICE OF VOLUNTARY DISMISSAL

Plaintiffs,

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13 v.

14 SPILKER ASSOCIATES dba SPILKER, INC.,
MARK P. SPILKER, and MICHELLE
15 SPILKER,
Defendants.

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

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19 ENGINEERS’ HEALTH & WELFARE TRUST FUND, et al., voluntarily dismiss, with
20 prejudice, their claim against Defendants SPILKER ASSOCIATES doing business as SPILKER,
21 INC., MARK P. SPILKER, and MICHELLE SPILKER, including judgment debtor SOLAR
22 FOUNDATION SOLUTIONS, INC. Defendants have neither served an answer nor moved for
23 summary judgment, and Plaintiffs have not previously filed or dismissed any similar action
24 against Defendants.
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-1NOTICE OF VOLUNTARY DISMISSAL
Case No.: C08-4520 SI
P:\CLIENTS\OE3CL\Spilker Associates\Pleadings\C08-4520 SI - Notice of Voluntary Dismissal 062612.DOC

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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.
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Executed this 26th day of June, 2012, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:
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/s/
Michele R. Stafford
Attorneys for Plaintiffs

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8 IT IS SO ORDERED.
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This case is dismissed with prejudice.

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11 Date:_________________
7/2/12
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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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-2NOTICE OF VOLUNTARY DISMISSAL
Case No.: C08-4520 SI
P:\CLIENTS\OE3CL\Spilker Associates\Pleadings\C08-4520 SI - Notice of Voluntary Dismissal 062612.DOC

PROOF OF SERVICE:

1
2 I, the undersigned, declare:
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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.
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On June 26, 2012, 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:
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Attorney for Defendants:

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Randy O. Wright, Esq.
Case, Ibrahim & Clauss, LLP
95 So. Market Street, 3rd Floor
San Jose, California 945113

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I declare under penalty of perjury that the foregoing is true and correct and that this
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declaration was executed on this 26th day of June, 2012, at San Francisco, California.
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____________/s/______________
Qui X. Lu

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-1PROOF OF SERVICE
Case No.: C08-4520 SI
P:\CLIENTS\OE3CL\Spilker Associates\Pleadings\C08-4520 SI - Notice of Voluntary Dismissal 062612.DOC