UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
November 5, 2007
KEVIN T. LEVINE, AN INDIVIDUAL AND ON BEHALF OF THE GENERAL PUBLIC, PLAINTIFF,
BIC USA, INC., A DELAWARE CORPORATION, AND DOES 1 THROUGH 100, DEFENDANTS.
The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge
ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS AND TO STRIKE FIRST AMENDED COMPLAINT
[Dkt Nos. 16, 17]
Pursuant to FED. R. CIV. P. 41(a), plaintiff Kevin T. Levine has filed a Notice of Voluntary Dismissal of this action, granting plaintiffs unilateral entitlement to dismiss their filed actions prior to defendant's service of an Answer or of a motion for summary judgment. DKT No. 34. No Answer has been filed in this case, and defendant has not moved for summary judgment. IT IS HEREBY ORDERED the Clerk of Court shall terminate this case in its entirety and, accordingly, defendant's pending Motion To Dismiss And To Strike First Amended Complaint is DENIED AS MOOT.
IT IS SO ORDERED.
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