The Board of Trustees et al v. Duran Hogan Construction, Inc.

Filing 12

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 9/14/11. (lrc, COURT STAFF) (Filed on 9/16/2011)

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1 2 3 4 5 6 BARRY E. HINKLE, Bar No. 071223 PATRICIA A. DAVIS, Bar No. 179074 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone (510) 337-1001 Attorneys for Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE BOARD OF TRUSTEES, in their ) No. 11-03020 SBA capacities as Trustees of the LABORERS ) HEALTH AND WELFARE TRUST FUND ) FOR NORTHERN CALIFORNIA; LABORERS ) VACATION-HOLIDAY TRUST FUND FOR ) NORTHERN CALIFORNIA; LABORERS ) NOTICE OF DISMISSAL WITHOUT PENSION TRUST FUND FOR NORTHERN ) PREJUDICE; ORDER THEREON CALIFORNIA; and LABORERS TRAINING ) AND RETRAINING TRUST FUND FOR ) NORTHERN CALIFORNIA, ) ) Plaintiffs, ) ) ) v. ) DURAN HOGAN CONSTRUCTION, INC., ) ) Defendant. ) ) NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1), 23 Plaintiffs voluntarily dismiss the above-captioned action without prejudice. The parties have 24 resolved this matter and Defendant is currently making payments to Plaintiffs. Said voluntary 25 dismissal without an order of the Court is appropriate, since Defendant has not filed an answer or 26 responsive pleading in this matter. 27 Pursuant to the resolution of this matter, the parties request that the Court maintain 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 NOTICE OF DISMISSAL WITHOUT PREJUDICE; [PROPOSED] ORDER THEREON Case No. 11-03020 SBA 1 2 3 4 jurisdiction over this case for six (6) months from the date of settlement, September 14, 2011. A Case Management Conference has been scheduled for October 5, 2011. With this Request for Dismissal, Plaintiffs also request that said Case Management Conference be vacated. Dated: September 14, 2011 5 WEINBERG, ROGER & ROSENFELD A Professional Corporation 6 7 By: /s/ Concepcion E. Lozano-Batista CONCEPCIÓN E. LOZANO-BATISTA Attorneys for Plaintiffs 8 9 10 11 ORDER The parties have resolved this matter and requested that this Court maintain jurisdiction 12 over the case. IT IS HEREBY ORDERED that this case be dismissed pursuant to the foregoing 13 Order without prejudice. The Court shall maintain jurisdiction over this case until April 14, 2012. 14 The Case Management Conference set for October 5, 2011 is hereby vacated. 15 16 17 Dated: 9/14/11 18 19 _________________________________________ SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 128015/636783 20 21 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 -2NOTICE OF DISMISSAL WITHOUT PREJUDICE; [PROPOSED] ORDER THEREON Case No. 11-03020 SBA

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