Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Premier Builders, Inc.

Filing 17

ORDER DISMISSING CASE WITHOUT PREJUDICE AND VACATING INITIAL CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Donna M. Ryu on 10/31/16. (ig, COURT STAFF) (Filed on 10/31/2016).

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1 2 3 4 5 6 BARRY E. HINKLE, Bar No. 071223 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 TRACY L. MAINGUY, Bar No. 176928 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 Telephone (510) 337-1001 Fax (510) 337-1023 E-Mail: bhinkle@unioncounsel.net clozano@unioncounsel.net tmainguy@unioncounsel.net 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 21 NOTICE OF DISMISSAL WITHOUT PREJUDICE; REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Plaintiffs, 19 20 No. 4:16-cv-04925-DMR THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, v. PREMIER BUILDERS INC., a California Corporation, 22 Defendant. 23 NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1), 24 25 // 28 A Professional Corporation responsive pleading in this matter. 27 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 dismissal without an order of the Court is appropriate, since Defendant has not filed an answer or 26 WEINBERG, ROGER & ROSENFELD Plaintiffs voluntarily dismiss the above-captioned action without prejudice. Said voluntary // 1 NOTICE OF DISMISSAL WITHOUT PREJUDICE; REQUEST TO VACATE CMC; [PROPOSED] ORDER CASE NO. 4:16-CV-04925-DMR 1 A Case Management Conference has been scheduled for November 30, 2016 at 1:30 p.m. 2 With this Request for Dismissal, Plaintiffs also request that said Case Management Conference be 3 vacated. 4 Dated: October 27, 2016 WEINBERG, ROGER & ROSENFELD A Professional Corporation 5 By: 6 /s/ Concepción E. Lozano-Batista CONCEPCIÓN E. LOZANO-BATISTA Attorneys for Plaintiffs 7 8 9 [PROPOSED] ORDER 10 Dated: 10/31/16 HONORABLE DONNA M. RYU u United States District .Court Judge a M Ry ge Donn Jud 141655\888095 ER H 19 RT 18 FO NO 17 LI 16 D RDERE OO IT IS S R NIA 15 RT U O 14 Order without prejudice. The Case Management Conference set for November 30, 2016 is S DISTRICT hereby vacated. TE C TA 20 A 13 over the case. IT IS HEREBY ORDERED that this case be dismissed pursuant to the foregoing S 12 The parties have resolved this matter and requested that this Court maintain jurisdiction UNIT ED 11 N F D IS T IC T O R C 21 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 2 NOTICE OF DISMISSAL WITHOUT PREJUDICE; REQUEST TO VACATE CMC; [PROPOSED] ORDER CASE NO. 4:16-CV-04925-DMR

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