Heim v. The Estate of Donald T. Heim, Maxine Heim et al

Filing 109

ORDER GRANTING Voluntary Dismissal Without Prejudice of Third-Party Complaint against Joann Webb as Representative of the Estate of Ernie Webb Only re 105 Proposed Order filed by City of Watsonville. Signed by Judge Edward J. Davila on 9/19/2011. (ecg, COURT STAFF) (Filed on 9/19/2011)

1 WILLIAM D. WICK (State Bar No. 063462)
[e-mail]

2 ANNA L. NGUYEN (State Bar. No. 226829)
[e-mail]

3 WACTOR & WICK LLP
180 Grand Avenue, Suite 950

4 Oakland CA 94612-3572
Telephone: [phone]
[phone]

5 Facsimile:

6 ALAN J. SMITH (State Bar No. 87770)
[e-mail]

7 GRUNSKY, EBEY, FARRAR & HOWELL, P.C.
240 Westgate Drive

8 Watsonville, CA 95076
Telephone: [phone]
[phone]

9 Facsimile:

10 Attorneys for Third-Party Plaintiff
11

THE CITY OF WATSONVILLE

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT COURT OF CALIFORNIA

15
16
17

MARK HEIM,

Case No. CV-10-03816
Plaintiff,

v.
THE ESTATE OF DONALD T. HElM, MAXINE

18 HElM, and CITY OF WATSONVILLE,
19
Defendants.
20 CITY OF WATSONVILLE,
21
Third-Party Plaintiff,
22

v.

THE CITY OF WATSONVILLE’S
REQUEST FOR VOLUNTARY
DISMISSAL WITHOUT PREJUDICE
OF THIRD-PARTY COMPLAINT
AGAINST JOANN WEBB AS
REPRESENTATIVE OF THE
ESTATE OF ERNIE WEBB ONLY;
[PROPOSED] ORDER
[FRCP 41(a)(2)]

WILLIAM BURGSTROM; THE ESTATE OF

23 ERNIE WEBB, PROJECT ONE, a limited
24 partnership; and ROES 1-20, Inclusive
25

Third-Party Defendants.

26 AND RELATED COUNTERCLAIMS AND
CROSSCLAIMS

27
28
WACTOR & WICK LLP
180 Grand Avenue, Suite 950
Oakland, CA 94612

-1THE CITY OF WATSONVILLE’S REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF JOANN WEBB
ONLY FROM ITS THIRD-PARTY COMPLAINT WITH [PROPOSED] ORDER -- Case No. CV10-03816 --

1

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Third-Party Plaintiff

2 City of Watsonville (“the City” or “Third-Party Plaintiff”) hereby requests the dismissal without
3 prejudice of Joann Webb as the representative of Third-Party Defendant the Estate of Ernie Webb
4 only from the City’s Third Party Complaint against Project One Limited Partnership, William
5 Burgstrom, and the Estate of Ernie Webb.
6
7 Dated: September 13, 2011

WACTOR & WICK LLP

8
By: ____/s/ William D. Wick____________________
WILLIAM D. WICK
Attorneys for Third-Party Plaintiff
THE CITY OF WATSONVILLE

9
10
11
12

ORDER

13

IT IS HEREBY ORDERED that:

14

Joann Webb as the representative of Third-Party Defendant the Estate of Ernie Webb is

15 dismissed without prejudice only from The City of Watsonville’s Third-Party Complaint against
16 Project One Limited Partnership, William Burgstrom, and the Estate of Ernie Webb pursuant to
17 Federal Rule of Civil Procedure 41(a)(2).
18

IT IS SO ORDERED.

19
20
September 19, 2011
21 Date: ___________________

__________________________________________

22

HONORABLE EDWARD J. DAVILA
United States District Judge
Northern District of California

23
24
25
26
27
28
WACTOR & WICK LLP
180 Grand Avenue, Suite 950
Oakland, CA 94612

-2THE CITY OF WATSONVILLE’S REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF JOANN WEBB
ONLY FROM ITS THIRD-PARTY COMPLAINT WITH [PROPOSED] ORDER -- Case No. CV10-03816 --