Bay Area Painters & Tapers Pension Trust Fund et al v. Banks

Filing 23

ORDER approving re 22 Notice of Voluntary Dismissal, filed by District Council 16 Northern California Apprentice and Journeyman Training Trust Fund, District Council 16 Northern California Health & Welfare Trust Fund, Marian Bourboulis, Bay Area Pa inters & Tapers Pension Trust Fund, Les Proteau, Doug Christopher, John Maggiore, District Council 16 of the International Union of Painters and Allied Trades, Charles Del Monte. Signed by Judge Edward M. Chen on 12/16/10. (bpf, COURT STAFF) (Filed on 12/16/2010)

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 12 13 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. 14 Plaintiffs, 15 v. 16 BARBARA JEAN BANKS, individually and dba B & C PAINTING AND DECORATING, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1), Plaintiffs BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., voluntarily dismiss, without prejudice, their claim against Defendant BARBARA JEAN BANKS, individually and dba B & C PAINTING AND DECORATING. Defendant has neither served an answer nor moved for Case No.: C10-0024 EMC NOTICE OF VOLUNTARY DISMISSAL ORDER UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

summary judgment, and Plaintiffs have not previously filed or dismissed any similar action against Defendant. /// /// /// 1

NOTICE OF VOLUNTARY DISMISSAL Case No.: C10-0024 EMC

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It is therefore requested that this action be dismissed without prejudice. I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

3 entitled action, and that the foregoing is true of my own knowledge. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IT IS SO ORDERED. This case is dismissed without prejudice and all dates in this matter are vacated. 12/16/10 Date:_________________ Executed this 15th day of December, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By: /S/Muriel B. Kaplan Muriel B. Kaplan Attorneys for Plaintiffs

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NOTICE OF VOLUNTARY DISMISSAL Case No.: C10-0024 EMC

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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 December 15, 2010, I served the following document(s): NOTICE OF VOLUNTARY DISMISSAL

8 on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of 9 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post 10 Office box in San Francisco, California, addressed as follows: 11 12 13 14 Barbara Jean Banks dba B & C Painting and Decorating 4026 ­ 3rd Street #301 San Francisco, California 94124 I declare under penalty of perjury that the foregoing is true and correct and that this

15 declaration was executed on this 15th day of December, 2010, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28
NOTICE OF VOLUNTARY DISMISSAL Case No.: C10-0024 EMC

________________/S/________________ Vanessa de Fábrega

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