F.G. Crosthwaite and Russell E. Burns et al v. Merhav Development, Inc.

Filing 14

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 10/26/12. (tfS, COURT STAFF) (Filed on 10/29/2012)

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, California 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

10 F. G. CROSTHWAITE, et al., as Trustees of the Case No.: C12-2725 SI
OPERATING ENGINEERS’ HEALTH AND
11 WELFARE TRUST FUND, et al.
NOTICE OF VOLUNTARY DISMISSAL
Plaintiffs,

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v.

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14 MERHAV DEVELOPMENT, INC., a
California corporation, dba SOUTHERN
15 CALIFORNIA EARTHWORK,
Defendant.

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

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19 ENGINEERS’ HEALTH & WELFARE TRUST FUND, et al., voluntarily dismiss, without
20 prejudice, their claim against Defendant MERHAV DEVELOPMENT, INC., a California
21 corporation, doing business as SOUTHERN CALIFORNIA EARTHWORK.

Defendant has

22 neither served an answer nor moved for summary judgment, and Plaintiffs have not previously
23 filed or dismissed any similar action against Defendant.
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-1NOTICE OF VOLUNTARY DISMISSAL
Case No.: C12-2725 SI
P:\CLIENTS\OE3CL\Southern California Earthworks\Pleadings\C12-2725 SI - Notice of Voluntary Dismissal 102312.docx

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

2 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 23rd day of October, 2012, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/s/
Muriel B. Kaplan
Attorneys for Plaintiffs

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8 IT IS SO ORDERED.
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This case is dismissed without prejudice.

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11 Date:_________________
10/26/12
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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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-2NOTICE OF VOLUNTARY DISMISSAL
Case No.: C12-2725 SI
P:\CLIENTS\OE3CL\Southern California Earthworks\Pleadings\C12-2725 SI - Notice of Voluntary Dismissal 102312.docx

PROOF OF SERVICE:

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2 I, the undersigned, declare:

I am employed in the County of San Francisco, State of California. I am over the age of

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4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
On October 23, 2012, I served the following document(s) on the parties to this action in

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7 the manner described below:
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NOTICE OF VOLUNTARY DISMISSAL

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MAIL, being familiar with the practice of this office for the collection and the processing
of correspondence for mailing with the United States Postal Service, and deposited in the
United States Mail copies of the same to the business addresses as specified below, in a
sealed envelope fully prepared.

To:
Merhav Development, Inc.
dba Southern California Earthwork
19528 Ventura Boulevard, #423
Tarzana, California 91356
I declare under penalty of perjury that the foregoing is true and correct and that this

16 declaration was executed on this 23rd day of October, 2012, at San Francisco, California.
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/s/
Qui X. Lu

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-1PROOF OF SERVICE
Case No.: C12-2725 SI
P:\CLIENTS\OE3CL\Southern California Earthworks\Pleadings\C12-2725 SI - Notice of Voluntary Dismissal 102312.docx