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COAST MARINE & INDUSTRIAL SUPPLY v. REVERE SUPPLY

United States District Court, N.D. California


October 11, 2005.

COAST MARINE & INDUSTRIAL SUPPLY, INC., a California Corporation; and OCEANS WEST MARINE SUPPLY, INC., a California Corporation, Plaintiffs,
v.
REVERE SUPPLY, INC., a Florida Corporation; RFD BEAUFORT, LTD., a United Kingdom Company; and RFD BEAUFORT, INC., an Ohio Corporation, Defendants.

The opinion of the court was delivered by: SAMUEL CONTI, Senior District Judge

STIPULATION AND [PROPOSED] ORDER TAKING RULE 12(B)(6) MOTIONS OFF CALENDAR
Plaintiffs Coast Marine & Industrial Supply, Inc. and Oceans West Marine & Industrial Supply, Inc. (collectively "Plaintiffs") and Defendants Revere Supply, Inc., RFD Beaufort, Ltd., and RFD Beaufort, Inc. (collectively "Defendants") have reached a settlement in principle in this matter and are in the process of documenting the settlement.

  The parties, through their respective counsel, therefore stipulate and request that Defendants' Rule 12(b)(6) motions to dismiss, currently set for hearing on October 28, 2005, be taken off calendar without prejudice to Defendants' right to later refile and/or assert the arguments therein. [proposed] ORDER

  Based on the stipulation of the parties and good cause shown, Defendants' Rule 12(b)(6) motions to dismiss, currently set for hearing on October 28, 2005, are herby taken off calendar without prejudice to Defendants' right to later refile and/or assert the arguments therein.

  IT IS SO ORDERED.

20051011

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