Ameripride Svc Inc v. Valley Industrial, et al

Filing 849

ORDER signed by Judge Lawrence K. Karlton on 12/1/11; Defendant TEXAS EASTERN OVERSEAS, INC. ("TEO") submits this statement to memorialize its prior request to dismiss without prejudice TEO's Third Party Complaint against Univar USA, I nc. ("Univar"). In TEO's Separate Pretrial Statement and in the Pretrial Conference Order (Tentative), TEO agreed that dismissal of the action against Univar was appropriate because the time limit to serve the Complaint had passed. Dkt . 772 at 35; Dkt. 788 at 158. Pursuant to Federal Rules of Civil Procedure Rule 4(m), the Court must dismiss the action. Rule 4(m) regarding the time limit for service states, [i]f a defendant is not served within 120 days after the complaint is file d, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the co urt must extend the time for service for an appropriate period." TEO and AmeriPride agree this action should be dismissed without prejudice. Dkt. 788 at 158. For these reasons, TEO respectfully requests that the Court enter an order dismissing TEO's Third Party Complaint against Univar without prejudice. (Matson, R)

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1 2 3 4 5 6 7 8 9 10 11 12 FRED M. BLUM (SBN 101586) ERIN K. POPPLER (SBN 267724) BASSI, EDLIN, HUIE & BLUM LLP 351 California Street, Suite 200 San Francisco, California 94111-2939 Telephone: (415) 397-9006 Facsimile: (415) 397-1339 E-mail: fblum@behblaw.com E-mail: epoppler@behblaw.com RONALD S. BUSHNER (SBN 98352) BERNARD GEHLHAR (SBN 208482) EMILY M. WEISSENBERGER (SBN 248898) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105-2725 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 E-mail: ronald.bushner@wilsonelser.com 13 14 Attorneys for Defendant TEXAS EASTERN OVERSEAS, INC. 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 25 26 27 Case No. 2:00-CV-00113-LKK JFM AMERIPRIDE SERVICES, INC., ) ) Plaintiffs, ) ) vs. ) ) VALLEY INDUSTRIAL SERVICES, INC., a ) former California corporation, et al.,, ) ) Defendants. ) ) ) ) ) ) TEO’S STATEMENT REGARDING DISMISSAL OF ITS THIRD PARTY COMPLAINT AGAINST UNIVAR USA, INC. AND ORDER DISMISSING THE UNIVAR COMPLAINT WITHOUT PREJUDICE Courtroom: Judge: Trial Date: Complaint Filed: 26 Honorable Lawrence K. Karlton January 18, 2012 January 19, 2000 28 433385 1 STATEMENT RE DISMISSAL OF TEO’S THIRD PARTY COMPLAINT AGAINST UNIVAR AND [PROPOSED] ORDER DISMISSING THE UNIVAR COMPLAINT WITHOUT PREJUDICE 1 Defendant TEXAS EASTERN OVERSEAS, INC. (“TEO”) submits this statement to 2 memorialize its prior request to dismiss without prejudice TEO’s Third Party Complaint against 3 Univar USA, Inc. (“Univar”). 4 In TEO’s Separate Pretrial Statement and in the Pretrial Conference Order (Tentative), 5 TEO agreed that dismissal of the action against Univar was appropriate because the time limit to 6 serve the Complaint had passed. Dkt. 772 at 35; Dkt. 788 at 158. Pursuant to Federal Rules of 7 Civil Procedure Rule 4(m), the Court must dismiss the action. Rule 4(m) regarding the time 8 limit for service states, [i]f a defendant is not served within 120 days after the complaint is filed, 9 the court--on motion or on its own after notice to the plaintiff--must dismiss the action without 10 prejudice against that defendant or order that service be made within a specified time. But if the 11 plaintiff shows good cause for the failure, the court must extend the time for service for an 12 appropriate period.” TEO and AmeriPride agree this action should be dismissed without 13 prejudice. Dkt. 788 at 158. 14 For these reasons, TEO respectfully requests that the Court enter an order dismissing 15 TEO’s Third Party Complaint against Univar without prejudice. 16 Date: November 30, 2011 17 BASSI, EDLIN, HUIE & BLUM LLP By: /s/ ERIN K. POPPLER 18 ERIN K. POPPLER Attorneys for Defendant TEXAS EASTERN OVERSEAS, INC. 19 20 21 22 IT IS SO ORDERED. 23 Dated: December 1, 2011 24 25 26 27 28 433385 1 STATEMENT RE DISMISSAL OF TEO’S THIRD PARTY COMPLAINT AGAINST UNIVAR AND [PROPOSED] ORDER DISMISSING THE UNIVAR COMPLAINT WITHOUT PREJUDICE 1 Re: Ameripride Services Inc. v. Valley Industrial Services, Inc., et al. United States District Court, Eastern District Case No. 2:00-CV-00113-LKK JFM 2 PROOF OF SERVICE – ELECTRONIC TRANSMISSION 3 STATE OF CALIFORNIA/COUNTY OF San Francisco 4 5 6 7 8 9 I am a citizen of the United States and an employee in the County of San Francisco. I am over the age of eighteen (18) years and not a party to the within action. My business address is BASSI, EDLIN, HUIE & BLUM LLP, 500 Washington Street, Suite 700, San Francisco, California 94111. On the date executed below, I electronically served the document(s) via ECF File & Serve, described below, on the recipients designated on the Transaction Receipt located on the ECF File & Serve website. 10 11 12 13 TEO’S STATEMENT REGARDING DISMISSAL OF ITS THIRD PARTY COMPLAINT AGAINST UNIVAR USA, INC. AND [PROPOSED] ORDER DISMISSING THE UNIVAR COMPLAINT WITHOUT PREJUDICE On the following parties: 14 SEE SERVICE LIST LOCATED ON THE ECF WEBSITE 15 X BY ELECTRONIC FILING: I caused the above document to be served by ECF to the following names on the service list provided by ECF, and; 16 17 I declare under penalty of perjury that the foregoing is true and correct and that this document is executed on November 30, 2011, at San Francisco, California. 18 19 /s/ ADELA AREVALO 20 ADELA AREVALO 21 22 23 24 25 26 27 28 433385 1 STATEMENT RE DISMISSAL OF TEO’S THIRD PARTY COMPLAINT AGAINST UNIVAR AND [PROPOSED] ORDER DISMISSING THE UNIVAR COMPLAINT WITHOUT PREJUDICE

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