The opinion of the court was delivered by: J. Hamilton Phyllis Judge
NOTICE OF VOLUNTARY DISMISSAL AND ORDER
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 CALIFORNIA, et al., voluntarily dismiss, without prejudice, the within action against Defendants JOSEPH UNTALAN FUNES, individually and dba J. U. FUNES EXCAVATING GRADING & PAVING, aka J.U. FUNES EXCAVATING, aka J. U. FUNES EXCAVATING PAVING.
Plaintiffs have not previously filed or dismissed any similar action against Defendants.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled action, and that the foregoing is true of my own knowledge. Executed this 29th day of June, 2009, at San Francisco, California.
This case is dismissed without prejudice and all dates herein are herewith vacated.
I, the undersigned, declare:
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 29, 2009, I served the following document(s):
on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of 9 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, California, addressed as follows:
Joseph U. Funes J.U. Funes Excavating, Grading & 2646 U Street Paving Rio Linda, California 95673 c/o Joseph U. Funes 2646 U Street Rio Linda, California 95673
I declare under penalty of perjury that the foregoing is true and correct and that this 15 declaration was executed on this 29th day of ...