Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Alfredo's Concrete et al

Filing 13

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 6/20/12. (lrc, COURT STAFF) (Filed on 6/20/2012)

Case4:12-cv-01607-SBA Document12 Filed06/19/12 Page1 of 2
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RONALD L. RICHMAN ( SBN 139189)
SUSAN J. OLSON (SBN 152467)
ARLENA V. CARROZZI (SNB 250116)
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone:
415 352 2700
Facsimile:
415 352 2701
e-mail:
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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12 BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
13 TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
14 THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
15 CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
16 FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
17 LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
18 CALIFORNIA,
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Case No.: CV 12-01607 SBA
REQUEST TO DISMISS CASE
WITHOUT PREJUDICE; ORDER
THEREON

Plaintiffs,
vs.

21 ALFREDO'S CONCRETE; a California
business entity, and ALFREDO GARCIA
22 ESQUIVEZ, an individual,
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Defendants.

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Plaintiffs Laborers Trust Funds respectfully request that this Court dismiss this entire
action, without prejudice, on the following grounds.

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On March 30, 2012, Plaintiffs Laborers Trust Funds filed their Complaint for Damages

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for Breach of Collective Bargaining Agreement and for a Mandatory Injunction (“Complaint”).
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REQUEST TO DISMISS CASE WITHOUT PREJUDICE; ORDER THEREON

Case4:12-cv-01607-SBA Document12 Filed06/19/12 Page2 of 2
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Pursuant to the Complaint, Plaintiffs Laborers Trust Funds sought an audit of the books and

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records of Defendant Alfredo’s Concrete.

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Defendants

Alfredo’s

Concrete

and

Alfredo

Garcia

Esquivez

(collectively,

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“Defendants”) did submit to the audit and no discrepancy was found; thus, the matter has been

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resolved without the necessity of further litigation.

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Based on the above, Plaintiffs respectfully request that this Court dismiss this entire

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action, without prejudice.

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DATED: June 19, 2012

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BULLIVANT HOUSER BAILEY PC

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By _ /s/ Arlena V. Carrozzi_____
Ronald L. Richman
Susan J. Olson
Arlena V. Carrozzi

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Attorneys for Plaintiffs

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ORDER
Plaintiff Laborers Trust Funds having submitted its Request To Dismiss Case Without
Prejudice and good cause appearing:
IT IS HEREBY ORDERED that this case is dismissed, without prejudice.

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DATED: June__, 2012
By

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HON. SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT JUDGE

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12479669.1

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REQUEST TO DISMISS CASE WITHOUT PREJUDICE; ORDER THEREON