UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
October 31, 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, PLAINTIFFS,
SONOMA ENGINEERING INC., A CALIFORNIA CORPORATION; AND RUSSELL GERARD LINNETT, AN INDIVIDUAL, DEFENDANTS.
The opinion of the court was delivered by: Hon. Jacqueline S. Corley United States Magistrate Judge
REQUEST FOR DISMISSAL WITHOUT PREJUDICE; ORDER THEREON
against defendants, on the following grounds. On May 29, 2012,
Plaintiffs filed their Complaint 24 for Damages for Breach of
Collective Bargaining Agreement and for a Mandatory Injunction 25
("Complaint"). The purpose of the Complaint was to compel an audit of
the financial records of 26
Sonoma Engineering, Inc. to determine whether defendant properly
reported and paid trust fund 27 contributions on behalf of its covered
Plaintiffs request that this Court issue an Order dismissing this
case, without prejudice,
After the Complaint was filed, defendants allowed the audit. The audit was conducted 2 and no discrepancies were found. 3
Based on the above, Plaintiffs request that this case be dismissed, without prejudice.
DATED: October 31, 2012 5 BULLIVANT HOUSER BAILEY PC 4 6 7 By Ronald L. Richman 8 Susan B. Olson 9 Attorneys for Plaintiffs
Pursuant to the Plaintiffs' request to dismiss this case without prejudice and good cause 12 appearing: 13 IT IS HEREBY ORDERED that this case is dismissed, without prejudice. The 14 November 15, 2012 case management conference is hereby vacated. 15
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