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Board of Trustees of the Laborers Health and Welfare Trust v. Sonoma Engineering Inc.

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,
v.
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 employees. 28 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

ORDER

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

By

20121031

© 1992-2012 VersusLaw Inc.



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