F.G. Crosthwaite et al v. ECI Aggregates, Inc.

Filing 27

ORDER OF VOLUNTARY DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/6/11. (nah, COURT STAFF) (Filed on 12/6/2011)

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
[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

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F.G. CROSTHWAITE and RUSSELL E.
BURNS, in their respective capacities as
Trustees, of the OPERATING ENGINEERS’
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA, et al.;

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NOTICE OF VOLUNTARY DISMISSAL
AND ORDER

Plaintiffs,

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Case No.: C11-0353 PJH

v.

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ECI AGGREGATES, INC., a California
corporation,

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

20 CROSTHWAITE and RUSSELL E. BURNS, in their respective capacities as Trustees of the
21 OPERATING ENGINEERS’ HEALTH AND WELFARE TRUST FUND FOR NORTHERN
22 CALIFORNIA, et al., voluntarily dismiss, without prejudice, their claim against Defendant ECI
23 AGGREGATES, INC., a California Corporation. Defendant has neither served an answer nor
24 moved for summary judgment, and Plaintiffs have not previously filed or dismissed any similar
25 action against Defendant.
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-1NOTICE OF VOLUNTARY DISMISSAL
Case No.: C11-0353 PJH
P:\CLIENTS\OE3CL\ECI Aggregates, Inc\Pleadings\C11-0353 PJH - Notice of Voluntary Dismissal 120511.DOC

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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 5th day of December, 2011, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:

/s/
Muriel B. Kaplan
Attorneys for Plaintiffs

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

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Hamilto

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Judge P

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hyllis J.

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_______________________________________
D
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UNITEDITSTATES DISTRICT COURT JUDGE
IS SO O
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11 Date:_________________
12/6/11

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-2NOTICE OF VOLUNTARY DISMISSAL
Case No.: C11-0353 PJH
P:\CLIENTS\OE3CL\ECI Aggregates, Inc\Pleadings\C11-0353 PJH - Notice of Voluntary Dismissal 120511.DOC

PROOF OF SERVICE:

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2 I, the undersigned, declare:
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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.
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On December 5, 2011, 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:
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Robert Vaughan
Agent for Service of Process
ECI Aggregates, Inc.
11879 Kemper Road #1
Auburn, California 95603
I declare under penalty of perjury that the foregoing is true and correct and that this

15 declaration was executed on this 5th day of December, 2011, at San Francisco, California.
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___________/s/_______________
Qui X. Lu

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-1PROOF OF SERVICE
Case No.: C11-0353 PJH
P:\CLIENTS\OE3CL\ECI Aggregates, Inc\Pleadings\C11-0353 PJH - Notice of Voluntary Dismissal 120511.DOC