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Board of Trustees of the Nc Laborers Health and Welfare v. Ashley Hawley Rhodes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 23, 2012

BOARD OF TRUSTEES OF THE NC LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY 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 CALIFORNIA,
PLAINTIFF,
v.
ASHLEY HAWLEY RHODES, AN INDIVIDUAL D/B/A ASHLEY H. RHODES COMPANY,
DEFENDANT.

The opinion of the court was delivered by: Hon. Nathanael M. Cousins United States Magistrate Judge

RONALD L. RICHMAN (SBN 139189) SUSAN J. OLSON (SBN 152467) 2 ARLENA V. CARROZZI (SBN 250116) BULLIVANT HOUSER BAILEY PC 3 601 California Street, Suite 1800 San Francisco, California 94108 4 Telephone: 415.352.2700 Facsimile: 415.352.2701 5 E-mail: ron.richman@bullivant.com susan.olson@bullivant.com arlena.carrozzi@bullivant.com Attorneys for Plaintiffs 8

REQUEST TO DISMISS CASE WITHOUT PREJUDICE; ORDER THEREON

Plaintiffs Laborers Trust Funds respectfully that this Court dismiss this entire action, 2 without prejudice, on the following grounds:

On May 23, 2012, Plaintiffs Laborers Trust Funds filed their Complaint for Damages for Breach of Collective Bargaining Agreement and For a Mandatory Injunction ("Complaint"). 5

Pursuant to the Complaint, Plaintiffs Laborers Trust Funds sought a mandatory injunctive order 6 requiring Defendant Ashley Hawley Rhodes, an individual doing business as Ashley H. Rhodes 7 Company ("Rhodes") to submit to an audit of Rhodes' books and records. Despite repeated efforts to serve the Complaint on defendant Rhodes, Plaintiffs have 9 been unable to effect service. Plaintiffs have exhausted all possibilities in their efforts to locate 10 alternative address information for Rhodes, and remain unable to effect service of the 11 Complaint. 12

Based on the above, Plaintiffs respectfully request that this Court dismiss this entire 13 action, without prejudice. 14

ORDER

Plaintiff Laborers Trust Funds having submitted its Request to Dismiss Case, Without Prejudice and good cause appearing: 4

IT IS HEREBY ORDERED that this case is dismissed, without prejudice.

DATED: August ________, 2012 7

By

Hawley Rhodes [U.S.D.C. (N.D. Cal.) No. CV-12-2661 NC]

20120823

© 1992-2012 VersusLaw Inc.



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