Hammett v. Hammett, et al

Filing 48

ORDER DISMISSING CASE Without Prejudice, signed by Magistrate Judge Dennis L. Beck on 10/23/2009. (Jessen, A)

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K im b e rly L. Mayhew (199105) C ASW E L L BELL & HILLISON LLP 5 2 0 0 North Palm Avenue, Suite 211 F r e sn o , California 93704 Telephone: [phone] F a c sim ile : [phone] E m a il: [e-mail] A tto rn e y s for Plaintiff Vaudine Cullins

U N IT E D STATES DISTRICT COURT 8 E A S T E R N DISTRICT OF CALIFORNIA ­ FRESNO DIVISION 9 *** 10 ) ) P l a i n t if f , ) 12 ) vs . ) 13 ) E LV IN EUGENE HAMMETT, aka ) 1 4 G E N E HAMMETT, an individual; ) C .L . BRYANT, INC., a California ) 1 5 c o rp o ra tio n ; the UNITED STATES OF ) A M E R IC A ; and all persons unknown, ) 1 6 c la im in g any legal or equitable right, title,) e sta te, lien, or interest in the property ) 1 7 d e sc rib e d in the complaint adverse to ) p la in tiff's title, or any cloud on plaintiff's ) CASWELLN.rPalm,&thereto;93704 DOES 1-50, inclusive, ) 5201 8BELL eAvenue, Suite 211 0 F etito California and sn l HILLISON LLP ) 19 D e f e n d a n ts . ) _________________________________ ) 20 11 21 22 23 24 25 26 27 28 V A U D IN E CULLINS, C a s e No. 07-CV-01195 DLB

R E Q U E S T FOR DISMISSAL OF L A W S U IT AND ORDER THEREON

P la in tiff Vaudine Cullins hereby requests that the lawsuit in the above-referenced m a tter be dismissed without prejudice pursuant to Federal Rules of Civil Procedure, Rule 4 1 ( a )( 2 ). In support thereof, plaintiff represents as follows: 1 . A Complaint for Quiet Title and Declaratory Relief was filed by plaintiff Lena H a m m e tt against defendants Elvin Eugene Hammet, C. L. Bryant, Inc., and the United State s of America on August 16, 2007. The plaintiff subsequently died, and her daughter, V a u d in e Cullins, was substituted in as the plaintiff in this lawsuit. /// 1
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Request for Dismissal and Order Thereon

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2 . All of the defendants were served, and on January 31, 2008, the default of d efe n d an t Elvin Eugene Hammett was entered. 3. On March 14, 2008, defendant C. L. Bryant, Inc. was voluntarily dismissed fro m the lawsuit. 4 . On January 20, 2009, the remaining defendant, United States of America, was d ismissed from the lawsuit. All of the issues in the lawsuit have been resolved. Accordingly, plaintiff respectfully requests that the Court enter an order dismissing this law su it, without prejudice, and with each party to bear its own fees and costs.

DATED: October 21, 2009.

C A SW E L L BELL & HILLISON LLP

B y:

/s/ Kimberly L. Mayhew Kimberly L. Mayhew Attorneys for Vaudine Cullins

ORDER IT IS ORDERED that the above-referenced lawsuit be dismissed without prejudice, pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2). Each fees and costs. Said dismissal shall be effective sixty (60) days

CASWELLN.rPalm,& HILLISON 211 own 5201 8BELLrtAvenue, Suite LLP 0 F ep a California 93704 sno y shall bear its

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a fte r the date of this order, unless any party shall have filed an objection to the dismissal, in which event the request for dismissal shall be heard upon notice to all parties.

IT IS SO ORDERED. Dated: 3b142a

October 23, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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Request for Dismissal and Order Thereon