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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?