Northern California Glaziers Pension Trust Fund et al v. Hollis Glass, Inc. et al

Filing 38

ORDER Granting 37 Notice of Voluntary Dismissal. Signed by Judge Claudia Wilken on 11/22/2011. (ndr, COURT STAFF) (Filed on 11/22/2011)

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1 RICHARD C. JOHNSON (SBN 40881) KIMBERLY A. HANCOCK (SBN 205567) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 (415) 882-7900 4 (415) 882-9287 – Facsimile djohnson@sjlawcorp.com 5 khancock@sjlawcorp.com 6 Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 (SAN FRANCISCO) 10 NORTHERN CALIFORNIA GLAZIERS PENSION TRUST FUND; DOUGLAS 11 CHRISTOPHER, Trustee; and JOHN MAGGIORE, Trustee, 12 Plaintiffs, 13 v. 14 HOLLIS GLASS, INC., a California corporation; HOLLIS GLASS COMPANY, a 15 general partnership; THE HOLLIS EQUIPMENT FAMILY LIMITED 16 PARTNERSHIP, a California limited partnership; JOHN PAUL HOLLIS, 17 individually, as partner of Hollis Glass Company and as general partner of The Hollis 18 Equipment Family Limited Partnership; and DOES 1-10, 19 Defendants. 20 Case No.: CV 11-0966 CW NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER THEREON 21 TO THE COURT AND TO ALL INTERESTED PARTIES HEREIN: 22 PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 41, Plaintiffs 23 Northern California Glaziers Pension Trust Fund, Douglas Christopher, Trustee, and John 24 Maggiore, Trustee, hereby dismiss without prejudice the above-entitled action against Defendants 25 Hollis Glass Company, a general partnership; The Hollis Equipment Family Limited Partnership, 26 a California limited partnership; and John Paul Hollis, individually and as general partner of The 27 Hollis Equipment Family Limited Partnership. 28 P:\CLIENTS\GLAWL\CASES\Hollis Glass\Pleadings\111511 Voluntary Dismissal.doc NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER THEREON CASE NO. C 11-0966 CW 1 The Clerk’s Default was entered in this matter on May 3, 2011 (Docket No. 10). 2 Magistrate Judge James entered the Amended Report and Recommendations Re Motion for 3 Default Judgment as to Defendant Hollis Glass, Inc., on October 17, 2011, (Docket No. 35), and 4 entry of default judgment against Defendant Hollis Glass, Inc., only, pursuant to Magistrate 5 James’ Report and Recommendation, is pending before this Court. 6 Plaintiffs respectfully request that the Case Management Conference presently set in this 7 matter for December 6, 2011 at 2:00 p.m. (Docket No. 23) be vacated and that the Complaint in 8 the above-entitled action be dismissed without prejudice as to Defendants Hollis Glass Company, 9 a general partnership; The Hollis Equipment Family Limited Partnership, a California limited 10 partnership; and John Paul Hollis, individually and as general partner of The Hollis Equipment 11 Family Limited Partnership. 12 Respectfully submitted, 13 Dated: November 22, 2011 SALTZMAN & JOHNSON LAW CORPORATION 14 __________________/S/______________________ By: Kimberly A. Hancock Attorneys for Plaintiffs 15 16 17 IT IS HEREBY ORDERED that: 18 (1) The Complaint in the above-entitled action is dismissed without prejudice as to 19 Defendants Hollis Glass Company, The Hollis Equipment Family Limited 20 Partnership, and John Paul Hollis, individually and as general partner of The 21 Hollis Equipment Family Limited Partnership, and 22 23 (2) The Case Management Conference set in this matter for December 6, 2011 at 2:00 p.m. is hereby vacated. 24 IT IS SO ORDERED. 11/22/2011 25 Dated: ___________________ ___________________________________________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 26 27 28 NOTICE OF VOLUNTARY DISMISSAL -2WITHOUT PREJUDICE; ORDER THEREON CASE NO. C 11-0966 CW P:\CLIENTS\GLAWL\CASES\Hollis Glass\Pleadings\111511 Voluntary Dismissal.doc

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