Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Rhodes
Filing
8
ORDER DISMISSING CASE. Signed by Judge Nathanael Cousins on 8/23/12. (lmh, COURT STAFF) (Filed on 8/23/2012)
<![CDATA[
1
6
RONALD L. RICHMAN (SBN 139189)
SUSAN J. OLSON (SBN 152467)
ARLENA V. CARROZZI (SBN 250116)
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: 415.352.2700
Facsimile: 415.352.2701
E-mail:
ron.richman@bullivant.com
susan.olson@bullivant.com
arlena.carrozzi@bullivant.com
7
Attorneys for Plaintiffs
2
3
4
5
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
12 BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
13 TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
14 THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
15 CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
16 FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
17 LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
18 CALIFORNIA,
19
20
Case No.: CV-12-02661 NC
REQUEST TO DISMISS CASE
WITHOUT PREJUDICE; ORDER
THEREON
Plaintiff,
vs.
21 ASHLEY HAWLEY RHODES, an individual
d/b/a ASHLEY H. RHODES COMPANY,
22
Defendant.
23
24
25
26
27
28
–1–
REQUEST TO DISMISS CASE WITHOUT PREJUDICE; [PROPOSED] ORDER THEREON
Laborers Trust Fund, etc., et al. v. Ashley Hawley Rhodes [U.S.D.C. (N.D. Cal.) No. CV-12-2661 NC]
1
2
Plaintiffs Laborers Trust Funds respectfully that this Court dismiss this entire action,
without prejudice, on the following grounds:
3
On May 23, 2012, Plaintiffs Laborers Trust Funds filed their Complaint for Damages for
4
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.
8
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
DATED: August 22, 2012
15
BULLIVANT HOUSER BAILEY PC
16
17
18
19
By
/s/ Arlena V. Carrozzi
RONALD L. RICHMAN
SUSAN J. OLSON
ARLENA V. CARROZZI
Attorneys for Plaintiffs
20
21
22
23
24
25
26
27
28
–2–
REQUEST TO DISMISS CASE WITHOUT PREJUDICE; [PROPOSED] ORDER THEREON
Laborers Trust Fund, etc., et al. v. Ashley Hawley Rhodes [U.S.D.C. (N.D. Cal.) No. CV-12-2661 NC]
1
ORDER
2
Plaintiff Laborers Trust Funds having submitted its Request to Dismiss Case, Without
3
4
Prejudice and good cause appearing:
IT IS HEREBY ORDERED that this case is dismissed, without prejudice.
5
6
7
8
23
DATED: August ________, 2012
By
HON. NATHANAEL M. COUSINS
UNITED STATES MAGISTRATE JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
–3–
REQUEST TO DISMISS CASE WITHOUT PREJUDICE; [PROPOSED] ORDER THEREON
Laborers Trust Fund, etc., et al. v. Ashley Hawley Rhodes [U.S.D.C. (N.D. Cal.) No. CV-12-2661 NC]
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
