CareFusion 202, Inc. v. Tres Tech Corporation

Filing 53

ORDER DISMISSING CASE re 52 Notice of Voluntary Dismissal filed by CareFusion 202, Inc.. Signed by Judge Edward M. Chen on 7/3/14. (bpf, COURT STAFF) (Filed on 7/3/2014)

1 Howard Wisnia (SBN 184626)
Email: [e-mail]
2 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C.
3580 Carmel Mountain Road, Suite 300
3 San Diego, CA 92130
Telephone: [phone]
4 Facsimile: 858 314-1501
5 Attorneys for Petitioner CAREFUSION 202, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 CAREFUSION 202, INC.,

Case No. 13-CV-02194-EMC

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NOTICE OF VOLUNTARY
DISMISSAL WITHOUT
PREJUDICE BY PETITIONER

Petitioner,

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vs.

ORDER

TRES TECH CORPORATION,

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Respondent.
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JULY
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NOTICE OF VOLUNTARY DISMISSAL
CASE NO. 13-CV-02194-EMC

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NOTICE IS HEREBY GIVEN that Petitioner CareFusion 202, Inc. (“Petitioner), pursuant

2 to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, dismiss, without prejudice, their
3 action against Tres Tech Corporation (“Respondent”). In support of this Notice of Voluntary
4 Dismissal, Petitioner provides that:
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WHEREAS, on May 14, 2013, Petitioner filed a Motion to Vacate Arbitration Award in the

6 United States District Court for the Northern District of California, case no. 3:13-cv-02194-EMC;
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WHEREAS, Respondent has not filed either an answer to the Petition or a motion for

8 summary judgment.
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WHEREAS, this matter was stayed by the Court on August 2, 2013 in favor of proceedings

10 in the Northern District of Texas pursuant to Respondents’ motion for stay. Dkt. 43.
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WHEREAS, the Northern District of Texas issued a ruling in those proceedings on May 30,

12 2014.
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Petitioner hereby voluntarily dismisses without prejudice all claims for relief sought by the

14 Petition in this matter, case no. 3:13-cv-02194-EMC.
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DATED: July 1, 2014

Respectfully submitted,
MINTZ LEVIN COHN FERRIS GLOVSKY AND
POPEO P.C.

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By:/s/ Howard Wisnia

RT

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dwa
Judge E

ER

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hen

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rd M. C

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ORDER

R NIA

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IT IS SO ORDERED:
_______________________
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IT IS S
Edward M. Chen
U.S. District Judge

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UNIT
ED

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RT
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S DISTRICT Howard Wisnia
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CAttorneys for CAREFUSION 202, INC.
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-1NOTICE OF VOLUNTARY DISMISSAL
CASE NO. 13-CV-02194-EMC

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CERTIFICATE OF SERVICE

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I hereby certify that on July 1, 2014, I electronically filed the foregoing with the Clerk of the
Court using the CM/ECF system, which will automatically send e-mail notification of such filing to all
3 counsel who have entered an appearance in this action.

4 Dated: July 1, 2014
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By: /s/ Howard Wisnia
Howard N. Wisnia
Attorney for Petitioner,
CAREFUSION 202, Inc.

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-2NOTICE OF VOLUNTARY DISMISSAL
CASE NO. 13-CV-02194-EMC