Vulcano Tarque v. National Rental Car Financing Corp. et al

Filing 42

MINUTES IN CHAMBERS before Judge A. Howard Matz: On its own motion, the Court therefore DISMISSES this action with prejudice and ORDERS the Clerk to close the case. (Made JS-6. Case Terminated.) (jp)

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JS-6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 08-3882 AHM (VBKx) Date September 9, 2009 VULCANO TARQUE v. NATIONAL RENTAL CAR FINANCING CORP., et al. O Present: The Honorable S. Eagle Deputy Clerk A. HOWARD MATZ, U.S. DISTRICT JUDGE Not Reported Court Reporter / Recorder Tape No. Attorneys NOT Present for Defendants: Attorneys NOT Present for Plaintiffs: Proceedings: IN CHAMBERS (No Proceedings Held) Defendants have moved to dismiss the Second Amended Complaint ("SAC"). Plaintiffs have moved for leave to file a Third Amended Complaint ("TAC"). On March 23, 2009, this Court vacated the motion to dismiss, which was fully briefed, and explained that it would first address the motion to dismiss in Zack Miller v. Vanguard Car Rental USA, Inc., et al., CV 08-3874, and the ruling in that case likely would be the basis for the ruling in this and the other related car insurance cases. On August 26, 2009, the Court issued an order in the Vanguard action dismissing the plaintiff's claims and denying the plaintiff's motion for leave to amend his complaint. That same day, the Court issued an order in this case ordering the parties to notify the Court what if any portions of their Motion to Dismiss and Motion for Leave to File a Third Amended Complaint still required a ruling, or whether instead the Vanguard Order disposed of all issues in this case. On September 2, 2009, Plaintiff filed a "Notice of Plaintiff Regarding Motion to Dismiss," stating that "Plaintiff submits that the Vanguard Order disposes all issues in this case." Defendants then filed a notice agreeing with Plaintiffs. On its own motion, the Court therefore DISMISSES this action with prejudice and ORDERS the Clerk to close the case. : Initials of Preparer se CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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