District Council 16 Northern California Health and Welfare Trust Fund et al v. Garoni

Filing 26

ORDER re 25 Granting Notice of Voluntary Dismissal. Signed by Judge Claudia Wilken on 04/27/2010. (ndr, COURT STAFF) (Filed on 4/27/2010)

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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, CA 94104 (415) 882-7900 4 (415) 882-9287 Facsimile mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C09-4171 CW NOTICE OF VOLUNTARY DISMISSAL 10 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE 11 TRUST FUND, et al. 12 13 Plaintiffs, v. 14 SHELIA JEAN GARONI, individually and dba G & G FLOORING, 15 Defendant. 16 17 18 19 PLEASE TAKE NOTICE that pursuant to F.R.C.P. Rule 41(a)(1), Plaintiffs DISTRICT 20 COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST FUND, et al., 21 voluntarily dismiss, without prejudice, their claim against Defendant SHELIA JEAN GARONI, 22 individually and doing business as G & G FLOORING. Defendant has not moved for summary 23 judgment, and Plaintiffs have not previously filed or dismissed any similar action against 24 Defendant. 25 It is therefore requested that this action be dismissed without prejudice, and that the Court 26 shall retain jurisdiction over this matter. 27 / / / 28 -1NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-4171 CW C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\C09-4171 CW - Voluntary Dismissal 042210.doc 1 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. 3 4 5 6 7 8 9 IT IS SO ORDERED. 10 11 12 Date: April 27, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2NOTICE OF VOLUNTARY DISMISSAL Case No.: C09-4171 CW C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\C09-4171 CW - Voluntary Dismissal 042210.doc Executed this 22nd day of April, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By:__________/s/______________ Michele R. Stafford Attorneys for Plaintiffs This case is dismissed without prejudice. _______________________________________ UNITED STATES DISTRICT COURT JUDGE 1 2 3 I, the undersigned, declare: PROOF OF SERVICE I am a citizen of the United States and am employed in the County of San Francisco, State 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. 6 7 On April 22, 2010, I served the following document(s): NOTICE OF VOLUNTARY DISMISSAL 8 on the interested parties in said action by First Class U.S. Mail by placing a true and exact copy of 9 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post 10 Office box in San Francisco, California, addressed as follows: 11 12 13 14 Shelia Jean Garoni, individually and dba G & G Flooring 1054 Shary Circle, #C Concord, California 94518 Jeffrey G. McClure, Esq. Davenport Gerstner & McClure 1990 N. California Blvd,, Suite 650 Walnut Creek, California 94596 I declare under penalty of perjury that the foregoing is true and correct and that this 15 declaration was executed on this 22nd day of April, 2010, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28 -1PROOF OF SERVICE Case No.: C09-4171 CW C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\C09-4171 CW - Voluntary Dismissal 042210.doc ___________/s/_______________ Qui X. Lu

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