Walters et al v. Neal et al

Filing 39

ORDER DISMISSING CASE Without Prejudice. Signed by Judge Saundra Brown Armstrong, on 10/19/09. (lrc, COURT STAFF) (Filed on 10/20/2009) Modified on 10/21/2009 (jlm, COURT STAFF).

Case4:06-cv-03429-SBA Document38

Filed10/15/09 Page1 of 3

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

BARRY E. HINKLE, Bar No. 071223 LINDA BALDWIN JONES, Bar No. 178922 NICOLE M. PHILLIPS, Bar No. 203786 BRUCE A. HARLAND, Bar No. 230477 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone [phone] Fax [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KEN WALTERS and JOHN BONILLA, in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; TRUSTEES OF THE PENSION TRUST FUND FOR OPERATING ENGINEERS; TRUSTEES OF THE PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; TRUSTEES OF THE OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE-APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND; TRUSTEES OF THE OPERATING ENGINEERS VACATION AND HOLIDAY PLAN, Plaintiffs, v. CHESTER LEE NEAL, JR., Individually; CHESTER LEE NEAL, JR., Individually and doing business as C L NEAL CONSTRUCTION; and C L NEAL CONSTRUCTION, Defendants. /// /// ///

C 06-03429 SBA ) No. ) ) REQUEST FOR DISMISSAL WITHOUT XXXXXXXX ) PREJUDICE; [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Request for Dismissal Without Prejudice; [Proposed] Order, Case No. C 06-03429 SBA

Case4:06-cv-03429-SBA Document38

Filed10/15/09 Page2 of 3

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs respectfully request that the Court dismiss the above-captioned action without prejudice. Plaintiffs have been informed that Defendant Chester L. Neal, individually and doing business as C.L. Neal Construction, has filed for Chapter 7 bankruptcy. Dated: October 15, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ KRISTINA M. ZINNEN KRISTINA M. ZINNEN Attorneys for Plaintiffs

[PROPOSED] ORDER IT IS SO ORDERED.
10/19/09 Dated:________________

_________________________________ THE HONORABLE SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT COURT JUDGE
112876/547776

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-2Request for Dismissal Without Prejudice; [Proposed] Order, Case No. C 06-03429 SBA

Case4:06-cv-03429-SBA Document38

Filed10/15/09 Page3 of 3

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

PROOF OF SERVICE I am a citizen of the United States, and a resident of the State of California. I am over the age of eighteen years, and not a party to the within action. My business address is 1001 Marina Village Parkway, Suite 200, Alameda, California 94501-1091. On October 15, 2009, I served upon the following parties in this action: Chester Lee Neal, Jr., Individually Chester Lee Neal, Jr, Individually and dba C L Neal Construction; and C L Neal Construction 4429 E. Grant Fresno, CA 93702 copies of the document(s) described as: REQUEST FOR DISMISSAL WITHOUT PREJUDICE; [PROPOSED] ORDER [X] BY MAIL I placed a true copy of each document listed herein in a sealed envelope, addressed as indicated herein, and caused each such envelope, with postage thereon fully prepaid, to be placed in the United States mail at Alameda, California. I am readily familiar with the practice of Weinberg, Roger & Rosenfeld for collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it is placed for collection. BY PERSONAL SERVICE I placed a true copy of each document listed herein in a sealed envelope, addressed as indicated herein, and caused the same to be delivered by hand to the offices of each addressee. BY OVERNIGHT DELIVERY SERVICE I placed a true copy of each document listed herein in a sealed envelope, addressed as indicated herein, and placed the same for collection by Overnight Delivery Service by following the ordinary business practices of Weinberg, Roger & Rosenfeld, Alameda, California. I am readily familiar with the practice of Weinberg, Roger & Rosenfeld for collection and processing of Overnight Delivery Service correspondence, said practice being that in the ordinary course of business, Overnight Delivery Service correspondence is deposited at the Overnight Delivery Service offices for next day delivery the same day as Overnight Delivery Service correspondence is placed for collection. BY FACSIMILE I caused to be transmitted each document listed herein via the fax number(s) listed above or on the attached service list. I certify that the above is true and correct. Executed at Alameda, California, on October 15, 2009. /s/ Rhonda Fortier Bourne Rhonda Fortier Bourne
112876/547776

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-3Proof of Service, Case No. C 06-03429 SBA