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

Case 3:07-cv-02579-MJJ

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Filed 06/19/2007

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 120 Howard Street, Suite 520 3 San Francisco, CA 94105 (415) 882-7900 4 (415) 882-9287 ­ Facsimile [email protected] 5 [email protected] 6 Attorneys for Plaintiffs 7 8 9 10 11 GIL CROSTHWAITE, RUSS BURNS, in their 12 respective capacities as Trustees of the OPERATING ENGNEERS HEALTH AND 13 WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; PENSION TRUST FUND 14 FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS 15 HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND 16 PARTICIPATING EMPLOYERS PREAPPRENTICESHIP, APPRENTICE AND 17 JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND; OPERATING 18 ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS 19 CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET 20 PRESERVATION TRUST FUND; OPERATING ENGINEERS INDUSTRY 21 STABILIZATION TRUST FUND; BUSINESS DEVELOPMENT TRUST FUND; AND 22 HEAVY AND HIGHWAY COMMITTEE, 23 24 v. Plaintiffs, Case No.: C07-2579 MJJ NOTICE OF VOLUNTARY DISMISSAL UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO HEADQUARTERS)

WEST COAST WELDING, INC., a California 25 corporation, ANTHONY WILL, individually; and WESTERN SURETY COMPANY, a South 26 Dakota Corporation, 27 28
-1NOTICE OF VOLUNTARY DISMISSAL Case No.: C07-2579 MJJ

Defendants.

Case 3:07-cv-02579-MJJ

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1

PLEASE TAKE NOTICE that pursuant to F.R.C.P., Rule 41(a)(1), plaintiffs Operating

2 Engineers Health and Welfare Trust Fund, et al., voluntarily dismiss, without prejudice, their 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-2NOTICE OF VOLUNTARY DISMISSAL Case No.: C07-2579 MJJ

claim against defendants West Coast Welding, Inc., et al. Defendants have paid all amounts claimed by plaintiffs, and plaintiffs have not previously filed or dismissed any similar action against defendant. Dated: June 15, 2007 SALTZMAN & JOHNSON LAW CORPORATION

By:_________________/s/_________________ Muriel B. Kaplan Attorneys for Plaintiffs

Case 3:07-cv-02579-MJJ

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1 2 3 4 5 6 7 8 9 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 120 Howard Street, Suite 520, San Francisco, California 94105. On June 19, 2007, I served the following document(s): NOTICE OF VOLUNTARY DISMISSAL

10 on the interested parties in said action by placing a true and exact copy of each document in a 11 12 Francisco, California, addressed as follows: 13 14 15 16 17 18 19 20 I declare under penalty of perjury that the foregoing is true and correct and that this Anthony Hill West Coast Welding, Inc. 23900 Gilmer Rd. Perris, CA 92570 Fax: 866-243-2154 Unionbanc Insurance Services, Inc. 4480 Williow Road Pleasanton, CA 94588 John Gladych, registered agent for West Coast Welding, Inc. 4400 Macarthur Blvd., Suite 230 Newport Beach, CA 92660 Western Surety Company c/o Jere Keprios, CT Corporation Systems 818 West Seventh St., 2nd Floor Los Angeles, CA 90017 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San

21 declaration was executed on this 19th day of June, 2007, at San Francisco, California. 22 23 24 25 26 27 28
-1NOTICE OF VOLUNTARY DISMISSAL Case No.: C07-2579 MJJ

_______________/s/_________________ Vanessa de Fábrega