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KFD Enterprises, Inc. v. City of Eureka

December 23, 2009

KFD ENTERPRISES, INC., PLAINTIFF,
v.
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 ...


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