Kanaka Industrial Projects, LLC v. Golden State Biofuels, LLC et al

Filing 28

ORDER DEEMING WITHDRAWN PLAINTIFF'S NOTICE OF DISMISSAL re 27 . Signed by JUDGE ALAN C KAY on 1/5/12. (eps) -- Plaintiff is DIRECTED to comply with the Court's December 14 order by filing a proposed notice of voluntary dis missal in accordance with that order by January 13, 2012, as originally scheduled CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
KANAKA INDUSTRIAL PROJECTS, LLC,)
)
Plaintiff, )
)
)
vs.
)
)
GOLDEN STATE BIOFUELS, LLC,
)
et al.
)
Defendants. )
)

Civ. No. 11-00553 ACK-KSC

ORDER DEEMING WITHDRAWN PLAINTIFF’S NOTICE OF DISMISSAL
On December 7, 2011, Plaintiff filed a Notice of
Dismissal and Request for Approval of Dismissal and of Form of
Notice.

(ECF No. 21.)

On December 14, the Court filed an order

denying that request, outlining the requirements for voluntary
dismissal of derivative actions under Federal Rule of Civil
Procedure 23.1(c), and directing Plaintiff to file, for the
Court’s approval, a proposed notice of voluntary dismissal in
keeping with the described requirements.

(ECF No. 25.)

On January 1, Plaintiff filed a second Notice of
Dismissal.

(ECF No. 27.)

The second notice fails to comply with

the Court’s December 14 order.
WITHDRAWN.

Accordingly, it is DEEMED

Plaintiff is DIRECTED to comply with the Court’s

December 14 order by filing a proposed notice of voluntary

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dismissal in accordance with that order by January 13, 2012, as
originally scheduled.
IT IS SO ORDERED.
DATED:

Honolulu, Hawai#i, January 5, 2012.

________________________________
Alan C. Kay
Sr. United States District Judge

Kanaka Indus. Projects, LLC v. Golden State Biofuels, LLC, Civ. No. 11-00553
ACK-KSC: Order Deeming Withdrawn Plaintiff’s Notice of Dismissal

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