Crosthwaite et al v. A Plus Materials & Recycling, Inc. et al

Filing 27

ORDER DISMISSING defendant Recology Inc. without prejudice (COURT STAFF) (Filed on 3/22/2011) Modified on 3/22/2011 (ys, COURT STAFF).

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Crosthwaite et al v. A Plus Materials & Recycling, Inc. et al Doc. 27 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 (415) 882-7900 4 (415) 882-9287 Facsimile mstafford@sjlawcorp.com 5 bwilliams@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No: C10-4342 SI STIPULATION OF VOLUNTARY DISMISSAL 12 F.G. CROSTHWAITE and RUSSELL E. BURNS, in their respective capacities as 13 Trustees, et al., 14 15 v. Plaintiffs, 16 A PLUS MATERIALS AND RECYCLING, INC. a California Corporation, et al., 17 Defendants. 18 19 20 PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1)(ii), Plaintiffs 21 OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUNDS, et al., and Defendants 22 A PLUS MATERIALS AND RECYCLING, INC., RODNEY RAY LAWLEY, and 23 RECOLOGY, INC., stipulate to the voluntarily dismissal, without prejudice, of Defendant 24 RECOLOGY, INC., in this action. 25 26 Plaintiffs have not previously filed or dismissed any similar action against Defendant. Plaintiffs named Recology, Inc. as a Defendant in this Action on the information and belief 27 that Recology had purchased the assets and liabilities of Defendant A Plus Materials and 28 Recycling, and thus was a successor entity to A Plus Materials and Recycling. STIPULATION OF VOLUNTARY DISMISSAL CASE NO.: C10-4342 SI Dockets.Justia.com P:\CLIENTS\OE3CL\A Plus Material Recycling, Inc\Pleadings\Stipulation of Voluntary Dismissal 031711.doc 1 Plaintiffs and Defendant Recology have engaged in informal negotiations and discovery, 2 and at this time Plaintiffs are satisfied that Defendant Recology is not a successor entity to 3 Defendant A Plus Materials and Recycling. 4 Thus, the parties request that the Court immediately dismiss Defendant Recology, Inc. 5 from this matter without prejudice. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 matter. 24 25 26 27 28 STIPULATION OF VOLUNTARY DISMISSAL CASE NO.: C10-4342 SI Respectfully submitted, Dated: March 18, 2011 SALTZMAN & JOHNSON LAW CORPORATION By: /S/Blake E. Williams Blake E. Williams Attorneys for Plaintiffs Dated: March 21, 2011 HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN By: /S/ Gilbert J. Tsai Gilbert J. Tsai Attorneys for Defendant Recology, Inc. Dated: March 21, 2011 BROWN, HALL, SHORE & MCKINLEY By: /S/ John McKinley John McKinley Attorneys for Defendants A Plus Materials and Recycling, and Rodney Ray Lawley IT IS SO ORDERED. This case is dismissed without prejudice and the Court shall retain jurisdiction over this Dated: 3/22/11 THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE P:\CLIENTS\OE3CL\A Plus Material Recycling, Inc\Pleadings\Stipulation of Voluntary Dismissal 031711.doc

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