Zlfred's, Inc. et al v. Tristar Motors, LLC et al

Filing 21

ORDER re 20 Defendant's Voluntary Dismissal of Counterclaims; ORDER DENYING AS MOOT 17 Plaintiffs' Motion to Dismiss and VACATING July 14, 2014 Hearing Date signed by District Judge Lawrence J. O'Neill on 7/1/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZLFRED’S, INC., et al.,
Plaintiffs,

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ORDER RE DEFENDANT’S
VOLUNTARY DISMISSAL OF
COUNTERCLAIMS (DOC. 20)

v.

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1:14-CV-311-LJO-GSA

TRISTAR MOTORS, LLC, et al.,
Defendant.

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On June 30, 2014, Azita Rezaei (“Counterclaimant”) filed a voluntary dismissal of her
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counterclaims under Fed. R. Civ. P. 41(a). Doc. 20 at 1. This request will be construed as one for
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voluntary dismissal under Fed. R. Civ. P. 41(c), which applies to counterclaims. Specifically, the request
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will be construed as one for voluntary dismissal under Fed. R. Civ. P. 41(c)(1) because no responsive
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pleading to the counterclaims has been served. Counterclaimant requests that the Court issue an order
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dismissing all of her counterclaims without prejudice. Id.
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Based on Counterclaimant’s notice of voluntary dismissal under Fed. R. Civ. P. 41(c), this Court:
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1.

DISMISSES without prejudice Counterclaimant’s counterclaims;

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DENIES AS MOOT Plaintiffs’ motion to dismiss; and

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VACATES the July 14, 2014 hearing date.

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The Clerk of Court is directed not to close this action.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

July 1, 2014

UNITED STATES DISTRICT JUDGE

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