Diaz et al v. DAWS Manufacturing Company, Inc et al

Filing 33

ORDER Granting 31 Notice of Withdrawal of Motion to Strike Portions of Plaintiffs' First Amended Complaint and Motion to Dismiss Better Built Company. Signed by Judge Edward J. Davila on 11/9/2012. (ejdlc1, COURT STAFF) (Filed on 11/9/2012)

7

R NIA

A

Attorneys for Defendants
DAWS MANUFACTURING COMPANY, INC.;
LOWE’S HIW, INC.; LOWE’S COMPANIES, INC.
KOBALT TOOLS; BETTER BUILT COMPANY

a

LI

ER

J . D av i l

FO

S
6

d w a rd
J u d ge E

H

5

RT

4

TED
GRAN

NO

3

UNIT
ED

2

Troy D. Wiggins, State Bar Number 105019
Bradford A. Rosenblattj'State Bar Number 233297
WIGGINS MARKS ROSENBLATT LLP
180 Montgomery Street, Ste. 1250
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
[phone]

RT
U
O

1

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

UNITED STATES DISTRICT COURT
8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10
11

12

13

JESUS CORTES DIAZ, MARGARITA
DIAZ and JESUS CORTES DIAZ as
guardian ad litem for ITZEL CORTES
DIAZ, individually, and as Successors in
Interest of JOSE CORTES DIAZ, deceased

14

Plaintiffs,

15
16
17
18

v.
DAWS MANUFACTURING COMPANY,
INC., LOWE’S COMPANIES, INC.,
BETTER BUILT COMPANY, SNAP-ON
INCORPORATED, KOBALT TOOLS,
and DOES 1 through 100, inclusive

19

Defendants.

CASE NUMBER: C 12-05325 EJD

NOTICE OF WITHDRAWAL OF
MOTION TO STRIKE PORTIONS
OF PLAINTIFFS’ FIRST
AMENDED COMPLAINT AND
MOTION TO DISMISS BETTER
BUILT COMPANY
Hearing Date of Withdrawn
Motions: February 15, 2013, 9:00
a.m., Courtroom 4
[Removed from Santa Clara
Superior Case No. 1-12-CV227689 on October 16, 2012]

20
21

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

22

PLEASE TAKENOTICE THAT DEFENDANTS DAWS MANUFACTURING COMPANY, INC.,

23

LOWE’S HIW, INC., LOWE’S COMPANIES, INC., KOBALT TOOLS AND BETTER BUILT

24

COMPANY hereby withdraw their MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ FIRST

25

AMENDED COMPLAINT

26

III

27
28

NOTICE OF WITHDRAWAL OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT AND MOTION TO
DISMISS BETTER BUILT COMPANY
CASE No. C 12-05325 EJD

1

PLEASE TAKE FURTHER NOTICE THAT DEFENDANT DAWS MANUFACTURING

2

COMPANY, INC., hereby withdraws its MOTION TO DISMISS BETTER BUILT COMPANY

3

DATED: November 7, 2012

4

WIGGINS MARKS ROSENBLATT LLP

5
6

Bradford A. Rosenblatt
Attorneys for Defendants
DAWS MANUFACTURING COMPANY, INC.;
LOWE’S HIW, INC.; LOWE’S COMPANIES, INC.;
KOBALT TOOLS AND BETTER BUILT
COMPANY

7
8

9
10

11
12

13
14
15
16
17
18
19
20
21

22

23
24
25
26
27
28

NOTICE OF WITHDRAWAL OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT AND MOTION TO
DISMISS BETTER BUILT COMPANY
CASE NO. C 12-05325 EJD

-

2-

CERTIFICATE OF SERVICE

1
2

I, Margaret Mincher, declare that I am a citizen of the U.S. and am employed at the law firm of

3

WIGGINS MARKS ROSENBLATT LLP; I am over the age of 18 years and am not a party to the within

4

action; my business address is 180 Montgomery St., Ste. 1250, San Francisco, CA 94104.

5

On November 7,2012,1 served a true and correct copy of the following NOTICE OF WITHDRAWAL

6

OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ FIRST AMENDED COMPLAINT AND

7

MOTION TO DISMISS BETTER BUILT COMPANY on all parties of record:

8

[X]

9

the United States mailbox at San Francisco, California, addressed as follows AND

By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in

10

[X]

11

Michael Murt Shea
Nicole N. Hancock
Shea & Shea
The James Square Building
255 North Market Street, Suite 190
San Jose, CA 95110-2409
Attorneys for Plaintiffs/Guardian Ad Litem Jesus Cortes Diaz and Margarita Diaz
Facsimile: [phone]

12

13
14
15
16
17
18

by facsimile transmission to the telephone numbers below:

Paul E. Stephan
Selman Breitman LLP
33 New Montgomery, Sixth Floor
San Francisco, CA 94105-4537
Attorneys for Defendant Snap-on Incorporated
Facsimile: [phone]

19

I declare under penalty of perjury that t ie\for^go|ng iis true and correct.

20

Executed on November 7, 2012 at San Fratipi; ci, California. •

21

argaretu Fincher
22

23
24
25
26
27
28

NOTICE OF WITHDRAWAL OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT AND MOTION TO
DISMISS BETTER BUILT COMPANY
CASE N o. C 12-05325 EJD

-

3

-