Crosthwaite et al v. D P Crushing, Inc. et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge Illston on 5/12/09. (ts, COURT STAFF) (Filed on 5/14/2009)

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Case 3:09-cv-00780-SI Document 7 Filed 05/11/2009 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 (415) 882-7900 4 (415) 882-9287­ Facsimile mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C09-0780 SI NOTICE OF VOLUNTARY DISMISSAL and REQUEST TO VACATE CASE MANAGEMENT CONFERENCE 10 GIL CROSTHWAITE, et al., as Trustees of the OPERATING ENGINEERS' HEALTH AND 11 WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., 12 Plaintiffs, 13 v. 14 D P CRUSHING, INC.; DAVID ARTHUR 15 PILE, 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1), plaintiffs GIL CROSTHWAITE, et al., in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., voluntarily dismiss, without prejudice, their claim against defendants D P CRUSHING, INC. and DAVID ARTHUR PILE. Defendants have neither served an answer nor moved for summary judgment, and plaintiffs have not previously filed or dismissed any similar action against Defendants. It is therefore requested that this action be dismissed without prejudice, and that the Court shall retain jurisdiction over this matter. /// 1 NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-0780 SI P:\CLIENTS\OE3CL\D P Crushing, Inc\Pleadings\C09-0789 SI Notice of Voluntary Dismissal 051109.DOC Case 3:09-cv-00780-SI Document 7 Filed 05/11/2009 Page 2 of 3 1 Accordingly, plaintiffs respectfully request that the Case Management Conference, 2 currently scheduled for May 29, 2009, at 2:30 p.m., and all related dates here in VACATED. 3 I declare under penalty of perjury that I am the attorney for the plaintiffs in the above 4 entitled action, and that the foregoing is true of my own knowledge. 5 6 7 8 SALTZMAN & JOHNSON LAW CORPORATION Executed this 11th day of May, 2009, at San Francisco, California. UNIT ED 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S S DISTRICT TE C TA ER N D IS T IC T R OF A C LI FO Judge S usan Ill ston R NIA O OR IT IS S DERED By:___________/S/_____________ Michele R. Stafford Attorneys for Plaintiffs RT U O P:\CLIENTS\OE3CL\D P Crushing, Inc\Pleadings\C09-0789 SI Notice of Voluntary Dismissal 051109.DOC NO RT H 2 NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-0780 SI Case 3:09-cv-00780-SI Document 7 Filed 05/11/2009 Page 3 of 3 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 8 On May 11, 2009, I served the following document: NOTICE OF VOLUNTARY DISMISSAL and REQUEST TO VACATE CASE MANAGEMENT CONFERENCE 9 on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of 10 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post 11 Office box in San Francisco, California, addressed as follows: 12 13 14 15 Mark D. Magarian, Esq. Magarian Law LLP Anaheim Hills Corporate Park 1265 N. Manassero Street, Suite 304 Anaheim, California 93807 I declare under penalty of perjury that the foregoing is true and correct and that this 16 declaration was executed on this 11th day of May, 2009, at San Francisco, California. 17 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-0780 SI P:\CLIENTS\OE3CL\D P Crushing, Inc\Pleadings\C09-0789 SI Notice of Voluntary Dismissal 051109.DOC _______________/S/_________________ Vanessa de Fábrega

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