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WALTERS v. MULDER CONSTRUCTION

October 13, 2005.

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 PRE-APPRENTICESHIP, APPRENTICESHIP AND JOURNEY AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESEVATION FUND; and OPERATING ENGINEERS INDUSTRY STABILIZATION TRUST FUND, Plaintiffs,
v.
MULDER CONSTRUCTION, INC., a California Corporation and RANDOLPH E. MULDER, individually, Defendants.



The opinion of the court was delivered by: WILLIAM ALSUP, District Judge

REQUEST FOR DISMISSAL WITHOUT PREJUDICE

Plaintiffs KEN WALTERS and 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 PRE-APPRENTICESHIP, APPRENTICESHIP AND JOURNEY AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESEVATION FUND; and OPERATING ENGINEERS INDUSTRY STABILIZATION TRUST FUND, hereby request that the within action be dismissed in its entirety as to all defendants without prejudice. This request is made because the parties have reached agreement on a complete settlement of the entire action. As defendants have not made any appearance, a stipulation by the defendants is not required.

  IT IS SO ORDERED.

20051013

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