UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
June 20, 2012
BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN REQUEST TO DISMISS CASE CALIFORNIA; BOARD OF TRUSTEES OF WITHOUT PREJUDICE; THE LABORERS VACATION-HOLIDAY THEREON TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; AND BOARD OF TRUSTEES OF THE
LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN
ALFREDO'S CONCRETE; A CALIFORNIA BUSINESS ENTITY, AND ALFREDO GARCIA ESQUIVEZ, AN INDIVIDUAL,
The opinion of the court was delivered by: Hon. Saundra B. Armstrong United States District Judge
Plaintiffs Laborers Trust Funds respectfully request that this Court dismiss this entire 26 action, without prejudice, on the following grounds. 27 On March 30, 2012, Plaintiffs Laborers Trust Funds filed their Complaint for Damages 28 for Breach of Collective Bargaining Agreement and for a Mandatory Injunction ("Complaint").
Pursuant to the Complaint, Plaintiffs Laborers Trust Funds sought an audit of the books and 2 records of Defendant Alfredo's Concrete. 3 Defendants Alfredo's Concrete and Alfredo Garcia Esquivez (collectively, "Defendants") did submit to the audit and no discrepancy was found; thus, the matter has been 5 resolved without the necessity of further litigation. 6 Based on the above, Plaintiffs respectfully request that this Court dismiss this entire 7 action, without prejudice. 8
DATED: June 19, 2012 BULLIVANT HOUSER BAILEY PC By _ /s/ Arlena V. Carrozzi_____ Ronald L. Richman Susan J. Olson Arlena V. Carrozzi Attorneys for Plaintiffs
Plaintiff Laborers Trust Funds having submitted its Request To Dismiss Case Without Prejudice and good cause appearing:
IT IS HEREBY ORDERED that this case is dismissed, without prejudice.
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