Shaw v. Westmoor Village, LLC et al

Filing 40

ORDER RE: VOLUNTARY DISMISSAL OF DEFENDANTS MARCELLE DABBAS AND HANY SELIM ONLY. Signed by Judge Richard Seeborg on 11/13/13. (cl, COURT STAFF) (Filed on 11/13/2013)

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Tanya E, Moore, Esq. SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]

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Attorneys for Plaintiff
Cecil Shaw

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CECIL SHAW,

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Plaintiff,
vs.
WESTMOOR VILLAGE, LLC, a California
limited liability company, et al.,
Defendants.

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No. 3:13-cv-02164-RS
PLAINTIFF’S REQUEST FOR
VOLUNTARY DISMISSAL OF
DEFENDANTS MARCELLE DABBAS
AND HANY SELIM ONLY; [PROPOSED]
ORDER [Fed. R. Civ. P. 41(a)(2)]

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PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANTS
MARCELLE DABBAS AND HANY SELIM ONLY; [PROPOSED] ORDER
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WHEREAS, no cross-claim or counter-claim has been filed in this Action;

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WHEREAS, Defendants Hany Selim, aka Selim Touring Experts, dba Liquor Tobacco

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& Gift; and Marcelle Dabbas, aka Marcelle Selim, aka Selim Touring Experts, dba Liquor

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Tobacco & Gift have not filed a responsive pleading to the operative complaint in this action

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nor a motion for summary judgment;

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WHEREAS, Plaintiff, Cecil Shaw (“Plaintiff”), has fully and finally settled this matter

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as to Defendants, Hany Selim, aka Selim Touring Experts, dba Liquor Tobacco & Gift; and

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Marcelle Dabbas, aka Marcelle Selim, aka Selim Touring Experts, dba Liquor Tobacco & Gift;

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WHEREAS, Plaintiff has requested that all parties who have appeared stipulate to the

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dismissal of Defendants under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) but despite

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follow-ups, not all defendants who have appeared have responded to the request; and

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WHEREAS, Plaintiff also requested that counsel for Defendants stipulate to dismiss

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Defendants, but an agreement could not be reached between Plaintiff and Defendants regarding

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the appropriate language for the dismissal.

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NOW, THEREFORE, Plaintiff hereby respectfully requests that pursuant to Federal

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Rule of Civil Procedure 41(a)(2), only Defendants Hany Selim, aka Selim Touring Experts, dba

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Liquor Tobacco & Gift; and Marcelle Dabbas, aka Marcelle Selim, aka Selim Touring Experts,

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dba Liquor Tobacco & Gift, be dismissed with prejudice from this action.

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Dated: November 6, 2013

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff, Cecil Shaw

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PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANTS
MARCELLE DABBAS AND HANY SELIM ONLY; [PROPOSED] ORDER
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ORDER

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Upon request of Plaintiff and good cause appearing,

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Only defendants Hany Selim, aka Selim Touring Experts, dba Liquor Tobacco & Gift;

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and Marcelle Dabbas, aka Marcelle Selim, aka Selim Touring Experts, dba Liquor Tobacco &

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Gift, are hereby dismissed from this action with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(2).

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IT IS SO ORDERED.

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Dated: 11/13/13
United States District Judge

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PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANTS
MARCELLE DABBAS AND HANY SELIM ONLY; [PROPOSED] ORDER
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