Waste Connections of California, Inc. v. DOXA Construction and Development, Inc. et al

Filing 49

ORDER GRANTING WITHDRAWAL OF DEFENDANTS DOXA AND OLIVER'S MOTION FOR DEFAULT JUDGMENT re 42 MOTION for Default Judgment as to JOSEPH BENENATI, an Individual, and WESTERN STATES ERECTORS, INC.. ***Motions terminated: 42 MOTION for Default Judgment as to JOSEPH BENENATI, an Individual, and WESTERN STATES ERECTORS, INC. Signed by Judge James Ware on 6/14/2010. (ecg, COURT STAFF) (Filed on 6/14/2010)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Waste Connections of California, Inc., d.b.a. GreenTeam of San Jose, v. Plaintiff, NO. C 09-05345 JW ORDER GRANTING WITHDRAWAL OF DEFENDANTS DOXA AND OLIVER'S MOTION FOR DEFAULT JUDGMENT

United United States District Court

11
For the Northern District of California

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DOXA Constr. and Dev., Inc., et al., Defendants. /

Presently before the Court is Defendant Doxa's Motion for Entry of Default Judgment against Cross-Defendants Western States Erectors, Inc. and Joseph Benenati.1 The Court conducted a hearing on June 14, 2010. At the hearing, counsel for Doxa requested to withdraw the Motion. The Court GRANTS Doxa's request to withdraw its Motion. The Clerk shall terminate Docket Item No. 42 as withdrawn.

Dated: June 14, 2010

JAMES WARE United States District Judge

(hereafter, "Motion," Docket Item No. 42.) The Court refers to Defendants Doxa Construction and Development, Inc. and Roger Oliver collectively as "Doxa." On May 17, 2010, the parties filed a letter requesting "guidance as to which, if any, claims by Doxa against Plaintiff have survived the [Court's April 15, 2010] Motion to Dismiss" and whether the Ninth Cause of Action had been dismissed. (See Docket Item No. 47.) The Court's April 15 Order clearly dismissed Doxa's First, Third, Fifth, Seventh and Ninth Causes of Action of the counter-claims against Plaintiff.

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew Lee Westover [e-mail] Jose Hector Moreno [e-mail] Treven Isaac Tilbury [e-mail]

Dated: June 14, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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