Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al

Filing 35

ORDER RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE. Signed by Judge Maxine M. Chesney on 3/30/2011. (mmclc2, COURT STAFF) (Filed on 3/30/2011)

Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al

Doc. 35

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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-1305 MMC ORDER RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE

10 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., 11 Plaintiffs, 12 v. 13 ADVANCED INTERIOR SYSTEMS, INC., a California Corporation; and ROBERT LEE 14 BROWN, an Individual, 15 16 17 Defendants.

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

18 AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., and Defendants 19 ADVANCED INTERIOR SYSTEMS, INC., and ROBERT LEE BROWN, stipulate to the 20 voluntarily dismissal, without prejudice, of Defendants ADVANCED INTERIOR SYSTEMS, 21 INC., and ROBERT LEE BROWN, in this action. 22 1. The parties to this action have come to an agreement as to settlement of Plaintiffs'

23 claim on contributions and other amounts found due by Defendants to Plaintiff Trust Funds, and 24 have executed the attached Stipulation for Entry of Judgment ("Stipulation"). 25 2. Pursuant to the terms of the Stipulation, the Court shall retain jurisdiction of this

26 matter, and should Defendants default on their obligations under the Stipulation and fail to timely 27 cure such default as provided in the Stipulation, Judgment may be immediately entered against 28
-1VOLUNTARY DISMISSAL WITHOUT PREJUDICE Case No.: C10-1305 MMC
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1 Defendants and in favor of Plaintiffs upon the Declaration by a duly authorized representative of 2 Plaintiffs. 3 3. Plaintiffs have not previously filed or dismissed any similar action against

4 Defendants. 5 6 7 8 9 10 11 12 By: /s/ Muriel B. Kaplan Attorneys for Plaintiffs ORDER Respectfully submitted, Date: March 28, 2011 SALTZMAN & JOHNSON LAW CORPORATION

Based on the foregoing and GOOD CAUSE APPEARING, this action is dismissed, without 13 prejudice, and all dates in this matter are hereby vacated. The court shall retain jurisdiction of the action. 14 IT IS SO ORDERED. 15 16 Dated: 17 18 19 20 21 22 23 24 25 26 27 28
-2VOLUNTARY DISMISSAL WITHOUT PREJUDICE Case No.: C10-1305 MMC
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March 30, 2011 THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE

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 March 28, 2011, I served the following documents: VOLUNTARY DISMISSAL WITHOUT PREJUDICE

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 I declare under penalty of perjury that the foregoing is true and correct and that this Carl Patrick Stoll, Esq. Law Office of C. Patrick Stoll 2222 Francisco Drive, Suite 510-262 El Dorado Hills, California 95762

15 declaration was executed on this 28th day of March, 2011, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28
-1PROOF OF SERVICE Case No.: C10-1305 MMC
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/s/ Qui X. Lu