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Northern California Glaziers Pension Trust Fund; Douglas v. Hollis Glass

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)


November 22, 2011

NORTHERN CALIFORNIA GLAZIERS PENSION TRUST FUND; DOUGLAS
CHRISTOPHER, TRUSTEE; AND JOHN MAGGIORE, TRUSTEE,
PLAINTIFFS,
v.
HOLLIS GLASS, INC., A CALIFORNIA CORPORATION; HOLLIS GLASS COMPANY, A GENERAL PARTNERSHIP; THE HOLLIS EQUIPMENT FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP; JOHN PAUL HOLLIS, INDIVIDUALLY, AS PARTNER OF HOLLIS GLASS COMPANY AND AS GENERAL PARTNER OF THE HOLLIS
EQUIPMENT FAMILY LIMITED PARTNERSHIP; AND DOES 1-10,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Claudia Wilken United States District Judge

NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER THEREON TO THE COURT AND TO ALL INTERESTED PARTIES HEREIN:

PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 41, Plaintiffs Northern California Glaziers Pension Trust Fund, Douglas Christopher, Trustee, and John 24 Maggiore, Trustee, hereby dismiss without prejudice the above-entitled action against Defendants 25 Hollis Glass Company, a general partnership; The Hollis Equipment Family Limited Partnership, 26 a California limited partnership; and John Paul Hollis, individually and as general partner of The 27 Hollis Equipment Family Limited Partnership. 28

The Clerk's Default was entered in this matter on May 3, 2011 (Docket No. 10).

Magistrate Judge James entered the Amended Report and Recommendations Re Motion for 3 Default Judgment as to Defendant Hollis Glass, Inc., on October 17, 2011, (Docket No. 35), and 4 entry of default judgment against Defendant Hollis Glass, Inc., only, pursuant to Magistrate 5 James' Report and Recommendation, is pending before this Court. 6 Plaintiffs respectfully request that the Case Management Conference presently set in this 7 matter for December 6, 2011 at 2:00 p.m. (Docket No. 23) be vacated and that the Complaint in 8 the above-entitled action be dismissed without prejudice as to Defendants Hollis Glass Company, 9 a general partnership; The Hollis Equipment Family Limited Partnership, a California limited 10 partnership; and John Paul Hollis, individually and as general partner of The Hollis Equipment 11 Family Limited Partnership. 12

Respectfully submitted,

Dated: November 22, 2011 SALTZMAN & JOHNSON LAW CORPORATION By: Kimberly A. Hancock Attorneys for Plaintiffs

IT IS HEREBY ORDERED that: 18

(1) The Complaint in the above-entitled action is dismissed without prejudice as to Defendants Hollis Glass Company, The Hollis Equipment Family Limited Partnership, and John Paul Hollis, individually and as general partner of The Hollis Equipment Family Limited Partnership, and

(2) The Case Management Conference set in this matter for December 6, 2011 at 2:00 p.m. is hereby vacated.

IT IS SO ORDERED.

20111122

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