The Board of Trustees et al v. RW Murray, Inc.
Filing
7
ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Maria-Elena James on 6/1/2011. (cdnS, COURT STAFF) (Filed on 6/1/2011)
<![CDATA[
1
2
3
4
5
6
BARRY E. HINKLE, Bar No. 071223
PATRICIA A. DAVIS, Bar No. 179074
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, CA 94501-1091
Telephone (510) 337-1001
Attorneys for Plaintiffs
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
10
11
12
13
14
15
16
17
18
19
20
21
THE BOARD OF TRUSTEES, in their
) No.
11-CV-01311 MEJ
capacities as Trustees of the LABORERS
)
HEALTH AND WELFARE TRUST FUND
)
FOR NORTHERN CALIFORNIA; LABORERS )
NOTICE OF DISMISSAL WITHOUT
VACATION-HOLIDAY TRUST FUND FOR )
PREJUDICE
NORTHERN CALIFORNIA; LABORERS
)
PENSION TRUST FUND FOR NORTHERN )
CALIFORNIA; and LABORERS TRAINING )
AND RETRAINING TRUST FUND FOR
)
NORTHERN CALIFORNIA,
)
)
Plaintiffs,
)
)
v.
)
)
RW MURRAY, INC., Doing Business as A to Z )
CONSTRUCTION,
)
)
Defendant.
)
)
22
23
///
24
///
25
///
26
///
27
///
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
(510) 337-1001
NOTICE OF DISMISSAL WITHOUT PREJUDICE; [PROPOSED] ORDER
Case No. 11-CV-01311 MEJ
1
NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1),
2
Plaintiffs voluntarily dismiss the above-captioned action without prejudice. The parties have
3
resolved this matter and Defendant is currently making payments pursuant to the agreed upon
4
settlement. Said voluntary dismissal without an order of the Court is appropriate, since Defendant
5
has not filed an answer or responsive pleading in this matter.
6
7
8
9
10
Pursuant to their settlement agreement, the parties request that the Court maintain
jurisdiction over this case for six (6) months from the date of settlement, May 12, 2011.
A Case Management Conference has been scheduled for June 30, 2011. With this Request
for Dismissal, Plaintiffs also request that said Case Management Conference be vacated.
Dated: May 31, 2011
11
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
12
13
By: /s/ Concepcion E. Lozano-Batista
CONCEPCIÓN E. LOZANO-BATISTA
Attorneys for Plaintiffs
14
15
16
[PROPOSED] ORDER
17
On May 12, 2011, counsel for Plaintiffs advised the Court that the parties had settled this
18
case and needed an additional twenty (20) days in which to finalize a settlement agreement. The
19
parties have now settled this matter and requested that this Court maintain jurisdiction over the
20
settlement agreement.
21
IT IS HEREBY ORDERED that this case be dismissed pursuant to the foregoing Order
22
without prejudice. The Court shall maintain jurisdiction over this case until November 12, 2011.
23
The Case Management Conference set for June 30, 2011 is hereby vacated.
24
25
June 1, 2011
Dated: ____________________
26
27
_________________________________________
MARIA ELENA JAMES
UNITED STATES DISTRICT JUDGE
127089/622800
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
(510) 337-1001
-2NOTICE OF DISMISSAL WITHOUT PREJUDICE; [PROPOSED] ORDER
Case No. 11-CV-01311 MEJ
1
PROOF OF SERVICE
(CCP 1013)
2
3
I am a citizen of the United States and an employee in the County of Alameda, State of
4
California. I am over the age of eighteen years and not a party to the within action; my business
5
address is 1001 Marina Village Parkway, Suite 200, Alameda, California 94501-1091. On May
6
31, 2011, I served upon the following parties in this action:
7
Michele D. Murray
RW Murray, Inc. dba A to Z
Construction
4300 North State Street
Ukiah, CA 95482
8
9
10
11
copies of the document(s) described as:
NOTICE OF DISMISSAL WITHOUT PREJUDICE
12
[X]
BY MAIL I placed a true copy of each document listed herein in a sealed envelope,
addressed as indicated herein, and caused each such envelope, with postage thereon fully
prepaid, to be placed in the United States mail at Alameda, California. I am readily familiar
with the practice of Weinberg, Roger & Rosenfeld for collection and processing of
correspondence for mailing, said practice being that in the ordinary course of business, mail
is deposited in the United States Postal Service the same day as it is placed for collection.
[]
BY PERSONAL SERVICE I placed a true copy of each document listed herein in a
sealed envelope, addressed as indicated herein, and caused the same to be delivered by
hand to the offices of each addressee.
[]
BY OVERNIGHT DELIVERY SERVICE I placed a true copy of each document listed
herein in a sealed envelope, addressed as indicated herein, and placed the same for
collection by Overnight Delivery Service by following the ordinary business practices of
Weinberg, Roger & Rosenfeld, Alameda, California. I am readily familiar with the practice
of Weinberg, Roger & Rosenfeld for collection and processing of Overnight Delivery
Service correspondence, said practice being that in the ordinary course of business,
Overnight Delivery Service correspondence is deposited at the Overnight Delivery Service
offices for next day delivery the same day as Overnight Delivery Service correspondence is
placed for collection.
[]
24
BY FACSIMILE I caused to be transmitted each document listed herein via the fax
number(s) listed above or on the attached service list.
25
I certify under penalty of perjury that the above is true and correct. Executed at Alameda,
13
14
15
16
17
18
19
20
21
22
23
26
27
California, on May 31, 2011.
/s/ Stephanie Mizuhara
Stephanie Mizuhara
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
(510) 337-1001
-3NOTICE OF DISMISSAL WITHOUT PREJUDICE; [PROPOSED] ORDER
Case No. 11-CV-01311 MEJ
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
