Opinion
Case No: C05 01360 JF RS.
November 16, 2005
SUE CAMPBELL Attorney at Law, San Jose, California, Attorney for Plaintiffs.
REQUEST FOR DISMISSAL OF ENTIRE ACTION
Comes now the Plaintiffs NORTHERN CALIFORNIA-NORTHERN NEVADA SOUND AND COMMUNICATIONS EMPLOYEE BENEFIT TRUST FUNDS; DOUG LUNG AND BOB TRAGNI AS TRUSTEES OF THE NORTHERN CALIFORNIA-NORTHERN NEVADA SOUND AND COMMUNICATIONS DISTRICT NO. 9 HEALTH AND WELFARE TRUST FUND in the above-entitled action and hereby dismiss the entire action without prejudice as to every party.
No answer has been filed in this matter. The defendant has paid all monies requested in the complaint for January and February 2005, and reduced liquidated damages. This dismissal specifically does not waive the right of the Trust Funds to audit the employer for the above time period, or any other time period, and to collect any additional monies found to be delinquent as a result of an audit through a subsequent legal action.