Totten v. Little River Enterprises

Full title: LARRY TOTTEN as CHAIRMAN and JOSE MORENO as CO-CHAIRMAN of the BOARDS OF…

Court: United States District Court, N.D. California

Date published: Apr 7, 2003

Case No.: Case No. C 02 2844 SI (N.D. Cal. Apr. 7, 2003)

Opinion

Case No.: Case No. C 02 2844 SI

April 7, 2003

James P. Watson, Simon A. Mazzola, STANTON, KAY WATSON LLP, San Francisco, CA., Attorneys for Plaintiffs LARRY TOTTEN as CHAIRMAN and JOSE MORENO as CO-CHAIRMAN of the BOARDS OF TRUSTEES FOR THE LABORERS TRUST FUNDS.

PLAINTIFFS' REQUEST FOR DISMISSAL

SUSAN ILLSTON, United States District Judge.

Now come the plaintiffs, and give notice pursuant to FRCP 41(a) that they are voluntarily dismissing the above action with prejudice as to the First Cause of Action and without prejudice as to the Second Cause of Action. The defendants have not appeared and contested the action and their defaults were taken. No cross-complaint has been filed in the action and no other party's consent is required for dismissal.

Linda Johnston Barry, 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 attached

PLAINTIFFS' REQUEST FOR DISMISSAL

on the parties involved addressed as follows:

Little River Enterprises, Inc. David M. Gilmore, Esq. 7250 E. Shephard GILMORE, WOOD, VINNARD MAGNESS, PC Clovis, CA 93611 7108 North Fresno Street, Suite 410 Fresno, CA 93720 John McConnell 7250 E. Shephard Clovis, CA 93611 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 April 4, 2003, at San Francisco, California.

Linda Johnston Barry Linda Johnston Barry