Opinion
Case No.: C-03-4037 BZ
November 12, 2003
Susan J. Olson, Simon A. Mazzola, STANTON, KAY WATSON, LLP, San Francisco, CA, for plaintiffs
DON DOSER as CHAIRMAN and KEN WALTERS as CO-CHAIRMAN of the BOARD OF TRUSTEES FOR THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND
[PROPOSED] ORDER GRANTING REQUEST FOR DISMISSAL WITH PREJUDICE
Good cause appearing therefore, it is hereby ORDERED that the within action is DISMISSED, WITH PREJUDICE.
REQUEST FOR DISMISSAL WITH PREJUDICE
It is hereby requested by plaintiffs DON DOSER as CHAIRMAN and KEN WALTERS as CO-CHAIRMAN of the BOARD OF TRUSTEES FOR THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND that the within action be dismissed with prejudice. This request is made because the parties have reached agreement on a complete settlement of the entire action, which is embodied in a separate settlement agreement. No cross-complaint was filed and therefore no stipulation by the defendants is required.[PROPOSED] ORDER GRANTING REQUEST FOR DISMISSAL WITH PREJUDICE
Good cause appearing therefore, it is hereby ORDERED that the within action is DISMISSED, WITH PREJUDICE.I, Debra L. Wensch, declare as follows:
I am a citizen of the United States of America; I am a resident of, or employed in, the City and County of San Francisco, California; I am over the age of eighteen years and not a party to the within cause; my business address is 101 New Montgomery Street, Fifth Floor, San Francisco, California 94105. On the date below, I served the following documents
1. Request for Dismissal With Prejudice; and
2. [Proposed] Order Granting Request for Dismissal With Prejudice
on the parties involved addressed as follows:
John Cuevas 1870 Ardith Drive Pleasant Hill, CA 94523(BY MAIL) with postage thereon fully prepaid in the designated area for outgoing mail. I am readily familiar with STANTON, KAY WATSON LLP's practice of collection and processing correspondence whereby mail is sealed, given the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited with the United States Postal Service after the close of each day's business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on November 7, 2003, at San Francisco, California.