Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Dalzell Corporation et al

Filing 25

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 2/26/2013. (fs, COURT STAFF) (Filed on 2/26/2013)

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

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.
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Plaintiffs,
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v.
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DALZELL CORPORATION, a California
14 corporation; and BRUCE LAWRENCE
HAMMON, an individual,
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Defendants.
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Case No.: C12-1379 YGR
NOTICE OF VOLUNTARY DISMISSAL
AND ORDER

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

19 PAINTERS AND TAPERS TRUST FUND, et al., voluntarily dismiss, without prejudice, their
20 claim against Defendants DALZELL CORPORATION, a California corporation, and BRUCE
21 LAWRENCE HAMMON, an individual. Defendants have not moved for summary judgment, and
22 Plaintiffs have not previously filed or dismissed any similar action against Defendants.
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I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

24 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 19th day of February, 2013, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION
/s/
By:
Muriel B. Kaplan
Attorneys for Plaintiffs
-1NOTICE OF VOLUNTARY DISMISSAL
Case No.: C12-1379 YGR
G:\YGRALL\ECF-Ready\12-1379, Bay Area Painters v Dalzell Corp-Order of Dismissal.docx

1 IT IS SO ORDERED.
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This case is DISMISSED WITHOUT PREJUDICE.

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4 Date: February 26, 2013
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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-2NOTICE OF VOLUNTARY DISMISSAL
Case No.: C12-1379 YGR
G:\YGRALL\ECF-Ready\12-1379, Bay Area Painters v Dalzell Corp-Order of Dismissal.docx

PROOF OF SERVICE:

1
2 I, the undersigned, declare:

I am employed in the County of San Francisco, State of California. I am over the age of

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4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
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On February 19, 2013, I served the following document(s) on the parties to this action in

7 the manner described below:
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NOTICE OF VOLUNTARY DISMISSAL

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MAIL, being familiar with the practice of this office for the collection and the processing
of correspondence for mailing with the United States Postal Service, and deposited in the
United States Mail copies of the same to the business addresses as specified below, in a
sealed envelope fully prepared.

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To:
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Dalzell Corporation
c/o Bruce L. Hammon
Agent for Service of Process
2434 Chestnut Street
Oakland, California 94607

Bruce Lawrence Hammon
2434 Chestnut Street
Oakland, California 94607

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I declare under penalty of perjury that the foregoing is true and correct and that this
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declaration was executed on this 19th day of February, 2013, at San Francisco, California.
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/s/
Qui X. Lu

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-1PROOF OF SERVICE
Case No.: C12-1379 YGR
G:\YGRALL\ECF-Ready\12-1379, Bay Area Painters v Dalzell Corp-Order of Dismissal.docx