Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Board of Trustees of the Laborers Health and Welfare Trust Fund For Northern California v. A & B Building Maintenance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 28, 2012

BOARD OF TRUSTEES OF THE 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.
A & B BUILDING MAINTENANCE CO., INC., A CALIFORNIA CORPORATION; AND ROBERT L. HERNANDEZ, AN INDIVIDUAL,
DEFENDANT.

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

REQUEST TO DISMISS CASE WITHOUT PREJUDICE; ORDER THEREON

Plaintiffs Laborers Trust Funds respectfully request that this Court dismiss this entire 2 action, without prejudice, on the following grounds: 3

On March 30, 2012, Plaintiffs Laborers Trust Funds filed their Complaint for Damages 4 for Breach of Collective Bargaining Agreement and For a Mandatory Injunction ("Complaint"). 5

By their Complaint, Plaintiffs sought to conduct an audit of Defendant A & B Building's books 6 and records for the period January, 2007 through the present, to determine if Defendant A & B 7 Building properly reported and paid its trust fund contributions on behalf of its covered workers. 8

Defendants allowed the audit and the audit was recently completed. If there is a dispute 9 regarding alleged outstanding trust fund contributions due and owing on behalf of Defendants' 10 covered employees that cannot be resolved informally, Plaintiffs will initiate a further action to 11 collect any outstanding trust fund contributions. 12

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

DATED: September 27, 2012 BULLIVANT HOUSER BAILEY PC By /s/ Arlena V. Carrozzi Ronald L. Richman Susan J. Olson Arlena V. Carrozzi

ORDER

Pursuant to the Plaintiff's request to dismiss this case without prejudice and good cause 3 appearing: 4

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

The October 3, 2012 Case Management Conference is hereby vacated. 6 7

DATED: September ________, 2012

By

20120928

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.