Crosthwaite et al v. Substructure Support, Inc. et al

Filing 15

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 4/11/12. (tfS, COURT STAFF) (Filed on 4/12/2012)

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
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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F.G. CROSTHWAITE, et al.,

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Plaintiffs,
v.

Case No: C12-0733 SI
VOLUNTARY DISMISSAL WITHOUT
PREJUDICE

SUBSTRUCTURE SUPPORT, INC., a
California Corporation; TERRENCE
PATRICK COWHEY, an individual; and
WESLEY DIAL, an individual,
Defendants.

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

19 CROSTHWAITE, et al., voluntarily dismiss, without prejudice, their claim against Defendants
20 SUBSTRUCTURE SUPPORT, INC., a California Corporation; TERRENCE PATRICK
21 COWHEY, an individual; and WESLEY DIAL, an individual. Defendants have neither served an
22 answer nor moved for summary judgment, and Plaintiffs have not previously filed or dismissed
23 any similar action against Defendants.
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It is therefore requested that this action be dismissed without prejudice.

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P:\CLIENTS\OE3CL\Substructure Support Inc\Pleadings\C12-0733 SI - Dismissal 040912.DOC

-1VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Case No.: C12-0733 SI

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

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2 entitled action, and that the foregoing is true of my own knowledge.
Executed this 9th day of April 2012, at San Francisco, California.

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SALTZMAN & JOHNSON
LAW CORPORATION

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By:

/S/
Blake E. Williams
Attorneys for Plaintiffs

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ORDER

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Based on the foregoing and GOOD CAUSE APPEARING, this action is dismissed,

11 without prejudice, and all dates in this matter are hereby vacated. The court shall retain
12 jurisdiction of the action.
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IT IS SO ORDERED.

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Dated:
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4/11/12
UNITED STATES DISTRICT COURT JUDGE

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P:\CLIENTS\OE3CL\Substructure Support Inc\Pleadings\C12-0733 SI - Dismissal 040912.DOC

-2VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Case No.: C12-0733 SI

PROOF OF SERVICE

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2 I, the undersigned, declare:
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1.

I am a citizen of the United States and am employed in the County of San

4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
5 Francisco, California 94104.
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2.

I am over the age of eighteen and not a party to this action.

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3.

On April 9, 2012, I served the following document(s):

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VOLUNTARY DISMISSAL WITHOUT PREJUDICE

9 on the interested parties in said action by enclosing a true and exact copy of each document in a
10 sealed envelope and placing the envelope for collection and First Class mailing following our
11 ordinary business practices. I am readily familiar with this business’ practice for collecting and
12 processing correspondence for mailing. On the same day that correspondence is placed for
13 collection and mailing, it is deposited in the ordinary course of business with the United States
14 Postal Service in a sealed envelope with postage fully prepaid.
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4.

The envelopes were addressed and mailed as follows:
Ronald K. Losch
Losch & Ehrlich
425 California Street #2025
San Francisco, CA 94104
Attorneys for Defendants
I declare under penalty of perjury that the foregoing is true and correct and that this

declaration was executed on April 9, 2012, at San Francisco, California.

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/S/
Elise Thurman
Paralegal

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P:\CLIENTS\OE3CL\Substructure Support Inc\Pleadings\C12-0733 SI - Dismissal 040912.DOC

-1PROOF OF SERVICE
Case No.: C12-0733 SI