Schussler et al v. Webster

Filing 75

ORDER granting Plaintiff's 71 Motion for Voluntary Dismissal of Pla's Counts I, II, III, and IV. Court grants Pla's motion to dismiss this matter w/o prejudice. Each party to bear its own fees and costs. Signed by Judge Irma E. Gonzalez on 4/30/2009. Case closed. (All non-registered users served via U.S. Mail Service).(jah) (kaj).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 13, 2009 Defendant filed a "Statement of Non-Opposition to Plaintiffs' Motion for Voluntary Dismissal of Defendant's Counterclaim." (Doc. No. 73.) However, Plaintiff has not filed a motion for dismissal of Defendant's counterclaim. In fact, no counterclaim has been filed in this case. The Court therefore construes Defendant's Statement of Non-Opposition as a response to Plaintiff's Notice of Voluntary Dismissal of Counts I-IV of the complaint. -107cv2016
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
STEVEN SCHUSSLER and SCHUSSLER CREATIVE, INC., et al., vs. J. FRANK WEBSTER, Plaintiffs, CASE NO. 07cv2016 IEG (AGB) ORDER GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE [Doc. No. 71.]

Defendant. On March 9, 2009, the Court entered an amended declaratory judgment in favor of Plaintiffs, and granted Plaintiffs' motion for a permanent injunction consistent with the declaratory judgment. (Doc. No. 70.) Presently before the court is Plaintiffs' notice of voluntary dismissal of the remaining claims (Counts I-IV) of the complaint pursuant to Fed. R. Civ. P. 41(a)(2). (Doc. No. 71.) Defendant does not oppose the motion.1 The Court accordingly finds good cause and GRANTS Plaintiffs' motion to dismiss this matter without prejudice, with each party to bear its own fees and costs. IT IS SO ORDERED. DATED: April 30, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court