Newport et al v. Burger King Corporation

Filing 392

ORDER TO SHOW CAUSE Show Cause Response due by 12/7/2011.. Signed by Judge Alsup on December 5, 2011. (whalc2, COURT STAFF) (Filed on 12/5/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

11
For the Northern District of California

United States District Court

10

No. C 10-04511 WHA
ROY D. NEWPORT, et al.,
Plaintiffs/Counter-Defendants,

12
13
14

ORDER TO SHOW CAUSE
v.
BURGER KING CORPORATION,
Defendant/Counter-Claimant,

15
16
17
18

v.
ANTELOPE VALLEY RESTAURANTS, INC, et al.
Counter-Defendants.
/

19
20

Defendant Burger King Corporation gave notice of voluntary dismissal with prejudice

21

under Federal Rule of Civil Procedure 41(a)(1)(A)(i) of counter-defendants Francisco Foods, Inc.,

22

Geoffrey A. Jones, Beatrice E. Kubu, Catherine A. Kubu, Stanley Kubu/Estate of Stanley Kubu,

23

Susan Kubu-Jones, and Carol K. McManus (Dkt. No. 382). Rule 41(a)(1)(A)(i) states, “the

24

plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the

25

opposing party serves either an answer or a motion for summary judgment.” BKC is hereby

26
27
28

ORDERED TO SHOW CAUSE BY NOON ON DECEMBER 7, 2011, why

dismissal pursuant to Rule

1

41(a)(1)(A)(i) is appropriate given that the above-named counter-defendants have already filed an

2

answer.

3
4

IT IS SO ORDERED.

5
6

Dated: December 5, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2