California Service Employees Health & Welfare Trust Fund et al v. Paramount Building Solutions, LLC et al

Filing 19

STIPULATION FOR VOLUNTARYDISMISSAL AS TO DEFENDANTDCSS INVESTMENTS, INC., ONLY; by Hon. William Alsup granting 18 Stipulation.(whalc1, COURT STAFF) (Filed on 3/20/2013)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 ANNE M. BEVINGTON (SBN 111320)
[e-mail]
3 KIMBERLY A. HANCOCK (SBN 205567)
[e-mail]
4 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
5 San Francisco, CA 94104
[phone]
6 [phone] – Facsimile
7 Attorneys for Plaintiffs
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO DIVISION)

11 CALIFORNIA SERVICE EMPLOYEES
HEALTH & WELFARE TRUST FUND, MIKE
12 GARCIA, Trustee, CHARLES GILCHRIST,
Trustee, DAVID STILWELL, Trustee,
13 RAYMOND C. NANN, Trustee, and LARRY T.
SMITH, Trustee,
14
Plaintiffs,
15 vs.

CASE NO.: C 12-5232 WHA
STIPULATION FOR VOLUNTARY
DISMISSAL AS TO DEFENDANT
DCSS INVESTMENTS, INC., ONLY;
[PROPOSED] ORDER

16 PARAMOUNT BUILDING SOLUTIONS,
LLC, aka JANITORIAL MANAGEMENT
17 SERVICES/JMS, a Delaware limited liability
company; JMS BUILDING SOLUTIONS, LLC,
18 a Delaware limited liability company; and DCSS
INVESTMENTS, INC., a California
19 corporation, fka PACIFIC MAINTENANCE
SERVICES, INC., aka PACIFIC BUILDING
20 MAINTENANCE, INC.,
21

Defendants.

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23

Plaintiffs and Defendant DCSS INVESTMENTS, INC., fka PACIFIC MAINTENANCE

24 SERVICES, INC., aka PACIFIC BUILDING MAINTENANCE, INC., (“DCSS”), having reached
25 a settlement, hereby stipulate pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil
26 Procedure that Plaintiffs’ Complaint as to Defendant DCSS only be dismissed with prejudice, the
27 stipulating parties to bear their own attorneys’ fees and costs.
28

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STIPULATION FOR VOLUNTARY DISMISSAL
AS TO DEFENDANT DCSS ONLY; [PROPOSED]
ORDER; CASE NO. CV 12-5232 WHA

P:\CLIENTS\CSEHT\Cases\PACIFIC MAINT-JMS\PLEADINGS\DCSS Dismissal\031513 Stipulation for Voluntary Dismissal.doc

ATTESTATION REGARDING SIGNATURES

1

I, Anne M. Bevington, declare under penalty of perjury that I have obtained concurrence

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3 in the filing of this document from Andrew Ross, attorney of record for defendant DCSS, who
4 agreed that the document may be filed with his electronic signature.
5 Dated:

March 15, 2013

SALTZMAN & JOHNSON LAW CORPORATION
By:

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7

/S/ Anne M. Bevington
Anne M. Bevington
Attorneys for Plaintiffs AUTOMOTIVE
INDUSTRIES PENSION TRUST FUND, et al.

8
9 Dated:

March 15, 2013

VARNER & BRANDT LLP

10

By:

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12

/S/Andrew Ross
Andrew Ross
Attorneys for Defendant DCSS INVESTMENTS,
INC., fka PACIFIC MAINTENANCE
SERVICES, INC., aka PACIFIC BUILDING
MAINTENANCE, INC.

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14
15 IT IS SO ORDERED.
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17

March 19,
Dated: ________________, 2013

__________________________________________
WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE

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STIPULATION FOR VOLUNTARY DISMISSAL
AS TO DEFENDANT DCSS ONLY; [PROPOSED]
ORDER; CASE NO. CV 12-5232 WHA

P:\CLIENTS\CSEHT\Cases\PACIFIC MAINT-JMS\PLEADINGS\DCSS Dismissal\031513 Stipulation for Voluntary Dismissal.doc