Crosthwaite et al v. Oliver Transbay Construction Inc. et al

Filing 29

ORDER GRANTING DISMISSAL [re 28 Notice of Voluntary Dismissal, filed by Gil Crosthwaite, Operating Engineers Local 3, Heavy and Highway Committee, Operating Engineers and Participating Employers Pre-Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Russ Burns, Pensioned Operating Engineers' Health and Welfare Fund, Pension Trust Fund For Operating Engineers]. Signed by Judge William Alsup on 7/8/2009. (whasec, COURT STAFF) (Filed on 7/8/2009)

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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C08-5548 WHA AMENDED NOTICE OF VOLUNTARY DISMISSAL AND ORDER

11 GIL CROSTHWAITE, et al., as Trustees of the OPERATING ENGINEERS HEALTH AND 12 WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al. 13 Plaintiffs, 14 v. 15 OLIVER TRANSBAY CONSTRUCTION, 16 INC., a California Corporation; and FRANK OLIVER, 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 OLIVER TRANSBAY CONSTRUCTION, INC., and FRANK OLIVER. Defendants have paid 24 all amounts claimed by Plaintiffs, and Plaintiffs previously dismissed this action against 25 Defendants, conditioned on bank clearance of Defendants' check. 26 27 / / / 28 / / /
-1AMENDED NOTICE OF VOLUNTARY DISMISSAL Case No.: C08-5548 WHA

It is now requested that this action be dismissed without prejudice.

P:\CLIENTS\OE3CL\Oliver Transbay Construction Inc\Pleadings\C08-5548 WHA Amended Notice of Voluntary Dismissal 070809.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. 3 4 5 6 7 8 9 IT IS SO ORDERED. 10 11
UNIT ED

Executed this 8th day of July, 2009, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By:__________/s/________________ Muriel B. Kaplan Attorneys for Plaintiffs

This case is dismissed without prejudice.
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July 8, 2009. Date:_________________

_______________________________________ UNITED STATES DISTRICT COURT JUDGE OVED
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Judge W illiam A lsup

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F D IS T IC T O R

-2AMENDED NOTICE OF VOLUNTARY DISMISSAL Case No.: C08-5548 WHA
P:\CLIENTS\OE3CL\Oliver Transbay Construction Inc\Pleadings\C08-5548 WHA Amended Notice of Voluntary Dismissal 070809.DOC

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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 July 8, 2009, I served the following document(s): AMENDED 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-3AMENDED NOTICE OF VOLUNTARY DISMISSAL Case No.: C08-5548 WHA
P:\CLIENTS\OE3CL\Oliver Transbay Construction Inc\Pleadings\C08-5548 WHA Amended Notice of Voluntary Dismissal 070809.DOC

Frank Oliver Agent of Service of Process Oliver Transbay Construction 1485 Bayshore Blvd., Suite 421 San Francisco, CA 94124

Frank Oliver 1485 Bayshore Blvd., Suite 421 San Francisco, CA 94124

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 8th day of July, 2009, at San Francisco, California.

_______________/s/_________________ Qui X. Lu