SemMaterials, L.P. v. Martin Brothers Construction

Filing 67

ORDER signed by Judge Frank C. Damrell, Jr on 7/15/09 ORDERING that Plaintiff's 49 complaint against Martin Brothers is hereby DISMISSED without prejudice. (Duong, D) Modified on 7/15/2009 (Krueger, M).

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v. MARTIN BROTHERS CONSTRUCTION, a California corporation, Defendant. ----oo0oo---This matter is before the court on plaintiff SemMaterials, L.P.'s motion for voluntary dismissal, pursuant to Fed. R. Civ. P. 41(a)(2), of its complaint against defendant Martin Brothers Construction ("Martin Brothers").1 Plaintiff moves for dismissal UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---SEMMATERIALS, L.P., an Oklahoma limited partnership, Plaintiff,

NO. CIV. S-08-843 FCD/GGH MEMORANDUM AND ORDER

on the ground that Martin Brothers completed the subject Caltrans Contracts using a sub-licensee for the alleged patented NOVACHIP Process, thereby mooting the infringement complaint against Martin Brothers. Because oral argument will not be of material assistance, the court orders this matter submitted on the briefs. E.D. Cal. L.R. 78-230(h). 1
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Martin Brothers does not oppose the motion. As such, the court GRANTS plaintiff's motion.

(Docket #64.)

Plaintiff's

complaint against Martin Brothers is HEREBY dismissed without prejudice.2 IT IS SO ORDERED. DATED: July 15, 2009

FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

The case remains pending on Martin Brothers' counterclaim against plaintiff. (Docket #11.) However, the case is presently stayed pursuant to the court's order of July 25, 2008 (Docket #48), due to the notice of filing of bankruptcy by plaintiff (Docket #47). 2

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