IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
December 23, 2009
KFD ENTERPRISES, INC., PLAINTIFF,
CITY OF EUREKA, ET AL., DEFENDANTS
The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
DISMISS; VACATING JANUARY 15, 2010 FIRBIMATIC SpA'S MOTION TO HEARING AND ALL RELATED CROSS-CLAIMS AND THIRD-PARTY CLAIMS
Before the Court is defendant Firbimatic SpA's motion, filed November 13, 2009, to dismiss plaintiff KFD Enterprises, Inc.'s ("KFD") Second Amended Complaint, for lack of 19 proper service. On December 23, 2009, KFD filed a statement of non-opposition.
The Court having read and considered the motion, and good cause appearing, the motion is hereby GRANTED and the Second Amended Complaint, to the extent it is alleged 22 as against Firbimatic SpA, is hereby DISMISSED without prejudice.*fn1
IT IS SO ORDERED.