216 Jamaica Avenue v. S & R Playhouse Realty Co.

Filing 16

Motion to withdraw document Defendant's Motion to Dismiss filed by S & R Playhouse Realty Co.. Related document(s) 15 . (Walters, Gary)

216 Jamaica Avenue v. S & R Playhouse Realty Co.

Doc. 16

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION 216 JAMAICA AVENUE, LLC, Plaintiff, v. S & R PLAYHOUSE REALTY CO., Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:06CV1288 JUDGE CHRISTOPHER A. BOYKO

MOTION TO WITHDRAW DEFENDANT'S MOTION TO DISMISS

Pursuant to a Case Management Conference among the parties and the Court today, Defendant S&R Playhouse Realty Co. ("S&R"), by and through counsel, respectfully moves the Court for leave to withdraw its motion to dismiss plaintiff 216 Avenue, LLC's Complaint for failure to state a claim upon which relief may be granted, filed August 11, 2006. S&R will refile its motion to dismiss, if any, pursuant to the Court's revised scheduling order. Respectfully submitted, /s/ Gary L. Walters Stephen D. Williger (0014342) Gary L. Walters (0071572) THOMPSON HINE LLP 3900 Key Center 127 Public Square Cleveland, Ohio 44114-1291 [phone] [phone] ­ Fax [e-mail] [e-mail] Attorneys for Defendant S & R Playhouse Realty Co.

Dockets.Justia.com

CERTIFICATE OF SERVICE A copy of the foregoing Motion to Withdraw Defendant's Motion to Dismiss Plaintiff's Complaint was filed electronically this 15th day of August, 2006. Parties will receive notice through the Court's electronic filing system.

/s/ Gary L. Walters One of the Attorneys for Defendant S & R Playhouse Realty Co.

11205028.8

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