Free Notice of Voluntary Dismissal - District Court of California - California

Case 3:08-cv-00680-PJH

Document 14

Filed 06/26/2008

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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 (415) 882-7900 4 (415) 882-9287­ Facsimile [email protected] 5 [email protected] 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 GIL CROSTHWAITE, et al., as Trustees of the 12 OPERATING ENGNEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN 13 CALIFORNIA; et al., 14 15 v. 16 HAMMAN'S INC., and JAMES DEAN HAMMAN, 17 18 19 20 21 22 23 24 25 CALIFORNIA, et al., voluntarily dismiss, without prejudice, their claim against defendants HAMMAN'S INC., and JAMES DEAN HAMMAN, individually. Defendants have neither served PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1), plaintiffs GIL CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN Defendants. Plaintiffs, Case No.: C08-0680 PJH NOTICE OF VOLUNTARY DISMISSAL

26 an answer nor moved for summary judgment, and plaintiffs have not previously filed or dismissed 27 any similar action against defendants. 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO.: C08-0689 PJH
P:\CLIENTS\OE3CL\Hammans Inc\Pleadings\C08-0680 PJH Notice of Voluntary Dismissal 062608.DOC

Case 3:08-cv-00680-PJH

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Filed 06/26/2008

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1

Defendants entered into a Stipulation for Entry of Judgment ( "Stipulation establishing a ")

2 payment plan to satisfy the amounts owed by defendants to plaintiffs in this current action. 3 4 5 6 7 8 It is therefore requested that this action be dismissed without prejudice, and that the Court shall retain jurisdiction over this matter. I declare under penalty of perjury that I am the attorney for the plaintiffs in the above Plaintiffs will only file the Stipulation should defendants fail to make any payment required under the Stipulation.

9 entitled action, and that the foregoing is true of my own knowledge. 10 11 12 13 14 15 16 17 18 IT IS SO ORDERED. 19 20 matter. 21 22 23 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO.: C08-0689 PJH
P:\CLIENTS\OE3CL\Hammans Inc\Pleadings\C08-0680 PJH Notice of Voluntary Dismissal 062608.DOC

Executed this 26th day of June, 2008, at San Francisco, California.

SALTZMAN & JOHNSON LAW CORPORATION

By:_____________/s/_________________ Michele R. Stafford Attorneys for Plaintiffs

This case is dismissed without prejudice and the Court shall retain jurisdiction over this

Date:_________________

_______________________________________ UNITED STATES DISTRICT COURT JUDGE

Case 3:08-cv-00680-PJH

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Filed 06/26/2008

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1 2 3 4 5 6 7 8 I, the undersigned, declare:

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 94104. On June 26, 2008, I served the following document(s): NOTICE OF VOLUNTARY DISMISSAL

9 on the interested parties in said action by placing a true and exact copy of each document in a 10 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO.: C08-0689 PJH
P:\CLIENTS\OE3CL\Hammans Inc\Pleadings\C08-0680 PJH Notice of Voluntary Dismissal 062608.DOC

Francisco, California, addressed as follows: James D. Hamman Agent for Service of Process Hamman's Inc. 9550 Occidental Road Sebastopol, California 95472 James D. Hamman 9550 Occidental Road Sebastopol, California 95472

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 26th day of June, 2008, at San Francisco, California.

______________/s/__________________ Vanessa de Fábrega