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F.G. Crosthwaite and Russell E. Burns, In Their Respective v. Eci Aggregates

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 6, 2011

F.G. CROSTHWAITE AND RUSSELL E. BURNS, IN THEIR RESPECTIVE CAPACITIES AS TRUSTEES, OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, ET AL.;
PLAINTIFFS,
v.
ECI AGGREGATES, INC., A CALIFORNIA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: United District Court Judge Judge Phyllis Hamilton

NOTICE OF VOLUNTARY DISMISSAL AND ORDER

PLEASE TAKE NOTICE that pursuant to F.R.C.P. Rule 41(a)(1), Plaintiffs F.G. CROSTHWAITE and RUSSELL E. 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, their claim against Defendant ECI 23 AGGREGATES, INC., a California Corporation. Defendant has neither served an answer nor 24 moved for summary judgment, and Plaintiffs have not previously filed or dismissed any similar 25 action against Defendant.

-1-NOTICE OF VOLUNTARY DISMISSAL

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 5th day of December, 2011, at San Francisco, California.

SALTZMAN & JOHNSONLAW CORPORATION By: /s/ Muriel B. Kaplan Attorneys for Plaintiffs

IT IS SO ORDERED. 9

This case is dismissed without prejudice.

I, the undersigned, declare: 3

I am a citizen of the United States and am employed in the County of San Francisco, State

2

4 of California. I am over the age of eighteen and not a party to this action. My business address is 5

44 Montgomery Street, Suite 2110, San Francisco, California 94104. 6

On December 5, 2011, I served the following document(s):

7

NOTICE OF VOLUNTARY DISMISSAL

8 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 10

Office box in San Francisco, California, addressed as follows: 11

Robert Vaughan Agent for Service of Process ECI Aggregates, Inc. 11879 Kemper Road #1 Auburn, California 95603 I declare under penalty of perjury that the foregoing is true and correct and that this 15 declaration was executed on this 5th day of December, 2011, at San Francisco, California. 16 17

20111206

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