WRK Rarities, LLC v. United States of America, et al.
Filing
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Memorandum of Opinion and Order For the reasons set forth herein, the Court grants the Motion to Dismiss filed by Kimpel and Leonard (ECF No. 34 ) and dismisses their claims without prejudice. The United States' Motion to Dismiss (ECF No. 27 ) is denied as moot. Judge Benita Y. Pearson on 11/4/2013. (JLG)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
WRK RARITIES, LLC,
Plaintiff,
v.
UNITED STATES ATTORNEY
GENERAL, et al.,
Defendants.
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CASE NO. 4:13cv791
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION AND
ORDER [Regarding ECF Nos. 27; 34]
Pending before the Court is Defendant United States of America’s Motion to Dismiss
Party Cindy Leonard and Barry Kimpel for failure to comply with the statutory guidelines of 26
U.S.C. § 6532. ECF No. 27.
Also pending before the Court is the Motion for Voluntary Dismissal filed by Plaintiffs
Barry Kimpel and Cindy Leonard. ECF No. 34. Kimpel and Leonard state that they “are
continuing to look for material that may be relevant in extending the statute of limitations for
their claims pursuant to 26 U.S.C. § 6532,” but that “they have not yet located such
documentation. Accordingly, Cindy Leonard and Barry Kimpel request an order granting a
voluntary dismissal of their claims without prejudice so that their claims may be refiled should
such documentation be discovered.” ECF No. 34.
The Court grants the motion filed by Kimpel and Leonard (ECF No. 34) and dismisses
(4:13cv791)
their claims without prejudice. The United States’ motion (ECF No. 27) is denied as moot.
IT IS SO ORDERED.
November 4, 2013
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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