Crosthwaite et al v. Broom Express, Inc.

Filing 16

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 9/1/2010. (be, COURT STAFF) (Filed on 9/3/2010)

1 Michele R. Stafford, Esq. (SBN 172509) Blake E. Williams, Esq. (SBN 233158) 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.: C09-6065 CRB NOTICE OF VOLUNTARY DISMISSAL

F. G. CROSTHWAITE, et al., as Trustees of 11 the OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et al., 12 Plaintiffs, 13 v. 14 BROOM EXPRESS, INC., a California 15 Corporation, 16 17 18 Defendant.

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

19 OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et al., voluntarily 20 dismiss, without prejudice, their claim against Defendant BROOM EXPRESS, INC. a California 21 Corporation. Defendant has neither served an answer nor moved for summary judgment, and 22 Plaintiffs have not previously filed or dismissed any similar action against Defendant. 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
-1NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-6065 CRB
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1

It is therefore requested that this action be dismissed without prejudice, and that the Court

2 retain jurisdiction over this matter. 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 9 10 11 12 13 14 15 Date:_________________ September 1, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28
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Executed this 30th day of August, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By: /S/Blake E. Williams Blake E. Williams Attorneys for Plaintiffs

IT IS SO ORDERED. This case is dismissed without prejudice and the Court shall retain jurisdiction over this matter.

UNITED STATES DISTRICT COURT JUDGE

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NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-6065 CRB
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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 August 30, 2010, I served the following document(s): NOTICE OF VOLUNTARY DISMISSAL

8 on the interested parties in said action by FACSIMILE transmission to the number shown below, 9 and by FIRST CLASS U.S. MAIL, by placing a true and exact copy of each document in a sealed 10 envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, 11 California, addressed as follows: 12 13 14 15 16 Michael Bounds Broom Express, Inc. 4460 Frankline Lane Oakley, California 94561 Fax: [phone] I declare under penalty of perjury that the foregoing is true and correct and that this

17 declaration was executed on this 30th day of August, 2010, at San Francisco, California. 18 19 20 21 22 23 24 25 26 27 28
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/S/Vanessa de Fabrega Vanessa de Fabrega

NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-6065 CRB
P:\CLIENTS\OE3CL\Broom Express\Pleadings\C09-6065 CRB Notice of Voluntary Dismissal 083010.DOC