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WALTERS v. SHADE CONSTRUCTION & ENGINEERING

United States District Court, Northern District of California, San Francisco Division


April 21, 2003

KEN WALTERS, DON DOSER, IN THEIR RESPECTIVE CAPACITIES AS TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, PENSION TRUST FUND FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PREAPPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND, OPERATING ENGINEERS VACATION AND HOLIDAY PLAN, OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND, OPERATING ENGINEERS MARKET PRESERVATION TRUST FUND, AND OPERATING ENGINEERS INDUSTRY STABILIZATION TRUST FUND, PLAINTIFFS, VS. SHADE CONSTRUCTION & ENGINEERING, INC., A CALIFORNIA CORPORATION, AND SCOTT SHADE, INDIVIDUALLY, DEFENDANTS.

The opinion of the court was delivered by: William H. Alsup, United States District Judge

NOTICE OF VOLUNTARY DISMISSAL; ORDER THEREON

NOTICE IS HEREBY GIVEN THAT PURSUANT to Federal Rule of Civil Procedure 41(a), Plaintiffs voluntarily dismiss the above-captioned action with prejudice, and request the Court to enter an order in conformity with their voluntary dismissal of the matter. To date, the Defendant was served with the complaint and summons relating to this matter, but did not respond or otherwise answer the complaint. The parties settled the matter.

ORDER

Based upon the above and pursuant to Federal Rule of Civil Procedure 41(a), this matter is dismissed with prejudice.

20030421

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