Opinion
Case No.: C 03-01744 WHA.
October 13, 2005
James P. Watson (SBN 046127) Bruce K. Leigh (SBN 129753) STANTON, KAY WATSON, LLP San Francisco, CA, Attorneys for Plaintiffs.
REQUEST FOR DISMISSAL WITHOUT PREJUDICE
Plaintiffs KEN WALTERS and DON DOSER, in their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; PENSION TRUST FUND FOR OPERATING ENGINEERS; PENSIONED OPERATING ENGINEERS HEALTH AND WELFARE FUND; OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE-APPRENTICESHIP, APPRENTICESHIP AND JOURNEY AFFIRMATIVE ACTION TRAINING FUND; OPERATING ENGINEERS VACATION AND HOLIDAY PLAN; OPERATING ENGINEERS CONTRACT ADMINISTRATION TRUST FUND; OPERATING ENGINEERS MARKET PRESEVATION FUND; and OPERATING ENGINEERS INDUSTRY STABILIZATION TRUST FUND, hereby request that the within action be dismissed in its entirety as to all defendants without prejudice. This request is made because the parties have reached agreement on a complete settlement of the entire action. As defendants have not made any appearance, a stipulation by the defendants is not required.
IT IS SO ORDERED.