Opinion
Case No.: CV 11-0966 CW
11-22-2011
NORTHERN CALIFORNIA GLAZIERS PENSION TRUST FUND; DOUGLAS CHRISTOPHER, Trustee; and JOHN MAGGIORE, Trustee, Plaintiffs, v. HOLLIS GLASS, INC., a California corporation; HOLLIS GLASS COMPANY, a general partnership; THE HOLLIS EQUIPMENT FAMILY LIMITED PARTNERSHIP, a California limited partnership; JOHN PAUL HOLLIS, individually, as partner of Hollis Glass Company and as general partner of The Hollis Equipment Family Limited Partnership; and DOES 1-10, Defendants.
RICHARD C. JOHNSON (SBN 40881) KIMBERLY A. HANCOCK (SBN 205567) SALTZMAN & JOHNSON LAW CORPORATION Attorneys for Plaintiffs
RICHARD C. JOHNSON (SBN 40881)
KIMBERLY A. HANCOCK (SBN 205567)
SALTZMAN & JOHNSON LAW CORPORATION
Attorneys for Plaintiffs
NOTICE OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE; ORDER
THEREON
TO THE COURT AND TO ALL INTERESTED PARTIES HEREIN:
PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 41, Plaintiffs Northern California Glaziers Pension Trust Fund, Douglas Christopher, Trustee, and John Maggiore, Trustee, hereby dismiss without prejudice the above-entitled action against Defendants Hollis Glass Company, a general partnership; The Hollis Equipment Family Limited Partnership, a California limited partnership; and John Paul Hollis, individually and as general partner of The Hollis Equipment Family Limited Partnership.
The Clerk's Default was entered in this matter on May 3, 2011 (Docket No. 10). Magistrate Judge James entered the Amended Report and Recommendations Re Motion for Default Judgment as to Defendant Hollis Glass, Inc., on October 17, 2011, (Docket No. 35), and entry of default judgment against Defendant Hollis Glass, Inc., only, pursuant to Magistrate James' Report and Recommendation, is pending before this Court.
Plaintiffs respectfully request that the Case Management Conference presently set in this matter for December 6, 2011 at 2:00 p.m. (Docket No. 23) be vacated and that the Complaint in the above-entitled action be dismissed without prejudice as to Defendants Hollis Glass Company, a general partnership; The Hollis Equipment Family Limited Partnership, a California limited partnership; and John Paul Hollis, individually and as general partner of The Hollis Equipment Family Limited Partnership.
Respectfully submitted,
SALTZMAN & JOHNSON LAW CORPORATION
By: Kimberly A. Hancock
Attorneys for Plaintiffs
IT IS HEREBY ORDERED that:
(1) The Complaint in the above-entitled action is dismissed without prejudice as to Defendants Hollis Glass Company, The Hollis Equipment Family Limited Partnership, and John Paul Hollis, individually and as general partner of The Hollis Equipment Family Limited Partnership, and
(2) The Case Management Conference set in this matter for December 6, 2011 at 2:00 p.m. is hereby vacated.
IT IS SO ORDERED.
HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE