Crosthwaite et al v. Giacalone Electrical Services, Inc. et al

Filing 79

ORDER Re: Notice of Withdrawal of Motion Notice of Withdrawal of Plaintiffs Motion for Default Judgment; Notice of Voluntary Dismissal Without Prejudice of Defendant Giacalone Electrical Services, Inc. Signed by Judge Susan Illston on 11/21/14. (tfS, COURT STAFF) (Filed on 11/25/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Shaamini A. Babu. Esq. (SBN 230704)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone] phone
4 [phone] fax
[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,

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vs.

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GIACALONE ELECTRICAL SERVICES,
INC., et al.,

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Defendants.

Case No.: C12-6178 SI
NOTICE OF WITHDRAWAL OF
PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT; NOTICE OF
VOLUNTARY DISMISSAL WITHOUT
PREJUDICE OF DEFENDANT
GIACALONE ELECTRICAL
SERVICES, INC. ; AND [PROPOSED]
ORDER

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Date:
Time:
Ctrm:
Location:

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Judge

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December 12, 2014
9:00 a.m.
10 (19th Floor)
450 Golden Gate Avenue
San Francisco, CA
Honorable Susan Illston

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WITHDRAWAL OF MDJ & DISMISSAL WITHOUT PREJUDICE
CASE NO.: C12-6178 SI
\\FILES\Public\CLIENTS\OE3CL\Giacalone Electrical Services\Dismissal\Withdrawal of MDJ & Dismissal of GES 11-20-14.doc

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Default has been entered against Defendant GES since it did not appear in this action.

2 Docket No. 33. On November 7, 2014, Plaintiffs Operating Engineers’ Health and Welfare Trust
3 Fund, et al. (“Trust Funds”) filed a Motion for Default Judgment against Giacalone Electrical
4 Services, Inc. (“GES”). Docket Nos. 75-77. The Trust Funds hereby withdraws its Motion for
5 Default Judgment. Further, the Trust Funds voluntarily dismiss Defendant GES without prejudice.
6 Plaintiffs have not previously filed or dismissed any similar action against Defendant GES.
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8 Dated: November 20, 2014
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SALTZMAN & JOHNSON
LAW CORPORATION
______________/s/_______________
Shaamini A. Babu
Attorney for Operating Engineers’ Health
And Welfare Trust Fund, et al.

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ORDER
Based on the foregoing, and good cause appearing, the hearing on Plaintiffs’ Motion of
Default Judgment set for December 12, 2014, is hereby taken off calendar and Defendant GES is
dismissed without prejudice.
IT IS SO ORDERED.

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11/21/14
Date: _________________

_________________________________________________
SUSAN ILLSTON
United States District Court Judge

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-1WITHDRAWAL OF MDJ & DISMISSAL WITHOUT PREJUDICE
\\FILES\Public\CLIENTS\OE3CL\Giacalone Electrical Services\Dismissal\Withdrawal of MDJ & Dismissal of GES 11-20-14.doc
CASE NO.: C126178 SI

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PROOF OF SERVICE

2 I, the undersigned, declare:
I am a citizen of the United States and am employed in the County of San Francisco, State

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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.
On November 20, 2014, I served the following document(s):

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NOTICE OF WITHDRAWAL OF PLAINTIFFS’ MOTION FOR DEFAULT
JUDGMENT; NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF
DEFENDANT GIACALONE ELECTRICAL SERVICES, INC. ;
AND [PROPOSED] ORDER

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10 on the interested parties to this action, in the manner described as follows, addressed as below:
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MAIL by placing the envelope for collection and mailing on the date shown above
following our ordinary business practices. Being readily familiar with this business’s
practice for collecting and processing correspondence for mailing, on the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course
of business with the United States Postal Service in a sealed envelope with postage fully
prepaid.
Defendant Giacalone Electronic Services, Inc.
c/o Vincent Giacalone
4600 Meritage Court
Gilroy, CA 95020
I declare under penalty of perjury that the foregoing is true and correct and that this

declaration was executed on this 20th day of November, 2014, at San Francisco, California.
______________/S/________________
Catherine Jemera

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\\FILES\Public\CLIENTS\OE3CL\Giacalone Electrical Services\Dismissal\Withdrawal of MDJ & Dismissal of GES 11-20-14.doc

-1PROOF OF SERVICE
Case No.: C12-6178 SI