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

Filing 44

ORDER Granting 43 Notice of Voluntary Dismissal. Signed by Judge Claudia Wilken on 1/27/2012. (ndr, COURT STAFF) (Filed on 1/27/2012)

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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 5 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 (OAKLAND) 11 NORTHERN CALIFORNIA GLAZIERS PENSION TRUST FUND; DOUGLAS 12 CHRISTOPHER, Trustee; and JOHN MAGGIORE, Trustee, 13 Plaintiffs, 14 v. Case No.: CV 11-0966 CW NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER THEREON; REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT HOLLIS GLASS, INC. 15 HOLLIS GLASS, INC., a California corporation; HOLLIS GLASS COMPANY, a 16 general partnership; THE HOLLIS EQUIPMENT FAMILY LIMITED 17 PARTNERSHIP, a California limited partnership; JOHN PAUL HOLLIS, 18 individually, as partner of Hollis Glass Company and as general partner of The Hollis 19 Equipment Family Limited Partnership; and DOES 1-10, 20 Defendants. 21 22 23 TO THE COURT AND TO ALL INTERESTED PARTIES HEREIN: 24 PLEASE TAKE NOTICE that pursuant to Rule of Civil Procedure 41, Plaintiffs Northern 25 California Glaziers Pension Trust Fund, Douglas Christopher, Trustee, and John Maggiore, 26 Trustee, hereby dismiss without prejudice the above-entitled action against Defendant John Paul 27 Hollis as partner of Hollis Glass Company. 28 -1P:\CLIENTS\GLAWL\CASES\Hollis Glass\Pleadings\012612 J. Hollis Ptnr Voluntary Dismissal.doc NOTICE OF VOLUNTARY DISMISSAL; REQUEST FOR ENTRY OF JUDGMENT CASE NO. C 11-0966 CW 1 FURTHER, pursuant to the Court’s Order Granting Plaintiffs’ Motion for an Expedited 2 Ruling, Docket No. 40, Denying Plaintiffs’ Motion for Default Judgment, Docket No. 16, and 3 Adopting Magistrate Judge’s Amended Report and Recommendation Re Production of 4 Documents, Docket No. 35, entered January 26, 2012 [See Docket No. 41, page 2, lines 24-27] 5 Plaintiffs have now dismissed their claims against remaining Defendant John Paul Hollis as 6 partner of Hollis Glass Company. Accordingly, Plaintiffs respectfully request that the Court enter 7 default judgment against Defendant Hollis Glass, Inc. pursuant to Magistrate Judge James’ 8 Amended Report and Recommendation Re: Plaintiffs’ Motion For Default Judgment [Docket No. 9 35]. 10 Respectfully submitted, 11 Dated: January 26, 2012 SALTZMAN & JOHNSON LAW CORPORATION 12 __________________/S/______________________ By: Kimberly A. Hancock Attorneys for Plaintiffs 13 14 15 IT IS HEREBY ORDERED that: 16 17 (1) The Complaint in the above-entitled action is dismissed without prejudice as to Defendant John Paul Hollis as partner of Hollis Glass Company. 18 IT IS SO ORDERED. 1/27/2012 19 Dated: ___________________ 20 21 ___________________________________________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 -2- P:\CLIENTS\GLAWL\CASES\Hollis Glass\Pleadings\012612 J. Hollis Ptnr Voluntary Dismissal.doc NOTICE OF VOLUNTARY DISMISSAL; REQUEST FOR ENTRY OF JUDGMENT CASE NO. C 11-0966 CW

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