Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. J&C Fuentes Painting & Decorating Co. Inc.

Filing 10

ORDER. This case is DISMISSED with prejudice, re 9 Notice of Voluntary Dismissal,, filed by District Council 16 Northern California Health and Welfare Trust Fund and its Joint Board of Trustees, Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees, Marian Bourboulis, District Council 16 Northern California Apprentice and Journeyman Training Trust Fund, and its Joint Board of Trustees, Les Proteau, Doug Christopher, John Maggiore, District Council 16 of the International Union of Painters and Allied Trades, Charles Del Monte. Signed by Judge Vaughn R Walker on 8/25/2010. (cgk, COURT STAFF) (Filed on 8/25/2010)

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 Blake E. Williams, Esq. (SBN 233158) SALTZMAN & JOHNSON LAW CORPORATION 3 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 4 (415) 882-7900 (415) 882-9287­ Facsimile 5 mkaplan@sjlawcorp.com mstafford@sjlawcorp.com 6 bwilliams@sjlawcorp.com 7 Attorneys for Plaintiffs 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-2467 VRW NOTICE OF VOLUNTARY DISMISSAL BAY AREA PAINTERS AND TAPERS 12 PENSION TRUST FUND, et al. 13 14 v. Plaintiffs, J&C FUENTES PAINTING & DECORATING 15 CO., INC., a California Corporation, 16 17 18 PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1), Plaintiffs BAY AREA Defendant. 19 PAINTERS AND TAPERS PENSION TRUST FUND, et al., voluntarily dismiss, without 20 prejudice, their claim against Defendant J&C FUENTES PAINTING & DECORATING CO., 21 INC. a California Corporation. Defendant has neither served an answer nor moved for summary 22 judgment, and Plaintiffs have not previously filed or dismissed any similar action against 23 Defendant. 24 /// 25 /// 26 /// 27 /// 28 /// NOTICE OF VOLUNTARY DISMISSAL Case No.: C10-2467 VRW P:\CLIENTS\PATCL\J&C Fuentes Painting\Pleadings\C10-2467 VRW Notice of Voluntary Dismissal 081910.doc 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 August 25, 2010 15 Date:_________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL Case No.: C10-2467 VRW P:\CLIENTS\PATCL\J&C Fuentes Painting\Pleadings\C10-2467 VRW Notice of Voluntary Dismissal 081910.doc Executed this 19th 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. _______________________________________ ISTRIC ES D TC AT UNITED STATES DISTRICT COURT JUDGE T RT U O UNIT ED S ER N F D IS T IC T O R A C LI aughn R Judge V FO Walker R NIA NO RT H 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 20, 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 Jesus Fuentes J&C Fuentes Painting & Decorating Co., Inc. 7600 Garfield Ave. Oakland, California 94605 I declare under penalty of perjury that the foregoing is true and correct and that this 15 declaration was executed on this 20th day of August, 2010, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL Case No.: C10-2467 VRW P:\CLIENTS\PATCL\J&C Fuentes Painting\Pleadings\C10-2467 VRW Notice of Voluntary Dismissal 081910.doc /S/ Vanessa de Fábrega Vanessa de Fábrega

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