James B. Tuck Enterprises, Inc. v. Paul Evert RV Country et al

Filing 15

ORDER DISMISSING CASE signed by Senior Judge Anthony W. Ishii on 11/2/2012. CASE CLOSED.(Lundstrom, T)

McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
David L. Emerzian, #222930
5 River Park Place East
Fresno, California 93720-1501
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for JAMES B. TUCK ENTERPRISES,
INC. dba TOY HAULER LIQUIDATORS

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

JAMES B. TUCK ENTERPRISES, INC. dba
TOY HAULER LIQUIDATORS,

Case No. 1:12-CV-01021-AWI-BAM
REQUEST FOR DISMISSAL WITH
PREJUDICE
[Rule 41(a)(1)]

Plaintiff,
v.
PAUL EVERT RV COUNTRY, a California
Partnership; PAUL EVERT, an individual,
Defendants.

Plaintiff JAMES B. TUCK ENTERPRISES, INC. dba TOY HAULER LIQUIDATORS, by
and through their counsel of record and Defendants PAUL EVERT RV COUNTRY, a California
partnership, PAUL EVERT, an individual by and through their attorneys of record, and pursuant to
Federal Rules of Civil Procedure, Rule 41(a)(1), do hereby dismiss the within action in its entirety
with prejudice. Each party to bear it’s own attorneys’ fees and costs of suit incurred.
Dated: October 31, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

/s/ David L. Emerzian
David L. Emerzian
Attorneys for James B. Tuck dba Toy Hauler
Liquidators

By:

Request for Dismissal

Dated: October 31, 2012

VITALE & LOWE

/a/ Alan W. Foutz
Alan W. Foutz
Attorneys for Paul Evert Rv Country & Paul Evert,
an individual
By:

ORDER
Pursuant to the above notice of Rule 41(a)(1) dismissal with prejudice, this case terminated
automatically. Duke Energy Trading & Mktg., LLC v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The
Clerk shall close this case.

IT IS SO ORDERED.
Dated: November 2, 2012
UNITED STATES DISTRICT JUDGE
DEAC_S
igna
ture
-END
:

ciem0h3i

Request for Dismissal