Anthony Victoria et al v. 3M Company et al

Filing 184

ORDER re MOTION to Dismiss Case 102 by Judge Manuel L. Real. For the reasons stated on the record, hereby GRANTS Defendant Pneumo Abex LLCs Motion and ORDERS that the case be dismissed in its entirety, with prejudice. Plaintiffs Motion for Extension of Time, set for hearing on August 19, 2013 is DENIED as moot. IT IS SO ORDERED (Case Terminated. Made JS-6.) (kti)

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1 2 3 4 5 6 7 8 9 10 JENNIFER JUDIN (SBN 256973) jjudin@dehay.com KELVIN T. WYLES (SBN 170938) kwyles@dehay.com ANOSHEH A. HORMOZYARI (SBN 258967) ahormozyari@dehay.com DEHAY & ELLISTON LLP 707 Wilshire Blvd., Suite 4300 Los Angeles, CA 90017 Telephone: (213) 271-2727 Facsimile: (213) 271-2730 JS-6 Attorneys for Defendant, PNEUMO ABEX LLC (erroneously sued as PNEUMO ABEX CORPORATION, individually and as successor in interest to ABEX CORPORATION, as successor in interest to AMERICAN BRAKEBLOK CORPORATION and as successor in interest to AMERICAN BRAKE SHOE COMPANY) 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 ANTHONY VICTORIA, an individual; and CECLIA VICTORIA, an individual, 15 16 17 18 19 20 21 Plaintiffs, Case No. 2:13-cv-00309-R (MANx) Action Removed: January 16, 2013 Trial Date: February 18, 2014 vs. 3M COMPANY a/k/a MINNESOTA MINING & MANUFACTURING COMPANY; et al., Defendants. ORDER GRANTING DEFENDANT PNEUMO ABEX LLC’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(a)(1) Courtroom: Judge: 8 (Spring St.) Hon. Manuel L. Real 22 23 Hearing Date: August 5, 2013 Hearing Time: 10:00 a.m. 24 25 26 27 28 [PROPOSED] ORDER GRANTING DEFENDANT PNEUMO ABEX LLC’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(a)(1) 1 2 Pneumo Abex LLC’s Motion to Dismiss was heard in the above-entitled Court on August 5, 2013. Ari Friedman for Plaintiffs and Anosheh Hormozyari for 3 4 Defendant Pneumo Abex LLC. The Court, having considered Defendant Pneumo 5 Abex LLC’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 6 25(a)(1) , and Plaintiffs’ Opposition thereto, for the reasons stated on the record, 7 8 hereby GRANTS Defendant Pneumo Abex LLC’s Motion and ORDERS that the 9 case be dismissed in its entirety, with prejudice. 10 11 12 13 Plaintiffs’ Motion for Extension of Time, set for hearing on August 19, 2013 is DENIED as moot. IT IS SO ORDERED 14 15 16 17 18 19 Dated: August 6, 2013 __________________________________ HONORABLE MANUEL L. REAL UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER GRANTING DEFENDANT PNEUMO ABEX LLC’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(a)(1) 1 CERTIFICATE OF SERVICE 2 3 I hereby certify that on August 5, 2013, I electronically filed the foregoing 4 [PROPOSED] ORDER GRANTING DEFENDANT PNEUMO ABEX 5 LLC’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF 6 CIVIL PROCEDURE 25(a)(1) with the Clerk of the Court using the CM/EMF 7 system, and I hereby certify that I have thereby electronically served this 8 document upon all counsel of record who are registered with the Court’s CM/ECF 9 system. 10 11 ___________________________________ Dalia Sandoval 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING DEFENDANT PNEUMO ABEX LLC’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(a)(1)

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