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District Council Northern California Health and Welfare Trust Fund v. Northern California Health and Welfare Trust Fund

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 9, 2010

DISTRICT COUNCIL NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST FUND, ET AL., PLAINTIFFS,
v.
HUTCHCRAFT FLOORING, INC., A CALIFORNIA CORPORATION, DEFENDANT.

NOTICE OF VOLUNTARY DISMISSAL AND ORDER

PLEASE TAKE NOTICE that pursuant to F.R.C.P. Rule 41(a)(1), Plaintiffs DISTRICT COUNCIL NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST FUND, et al., Defendant voluntarily dismiss, without prejudice, their claim against HUTCHCRAFT FLOORING, INC. Defendant has neither served an answer nor moved for summary judgment, and Plaintiffs have not previously filed or dismissed any similar action against Defendant.

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 2 entitled action, and that the foregoing is true of my own knowledge. Executed this 4th day of August, 2010, at San Francisco, California.

PROOF OF SERVICE

I, the undersigned, declare:

1. I am a citizen of the United States and am employed in the County of San Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 94104.

2. I am over the age of eighteen and not a party to this action.

3. On August 5, 2010, I served the following document(s):

NOTICE OF VOLUNTARY DISMISSAL on the interested parties in said action by enclosing a true and exact copy of each document in a sealed envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4. The envelope was addressed and mailed as follows:

Andrew P. Hutchcraft Hutchcraft Flooring, Inc. 4034 Wayside Lane, Suite F Carmichael, California 95608 Andrew P. Hutchcraft Hutchcraft Flooring, Inc 6703 Sundown Court Carmichael, California 95608 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August 5, 2010, at San Francisco, California.

Elise Thurman Paralegal

20100809

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