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
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