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Schultz v. Ichimoto

UNITED STATE DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 23, 2010

RODNEY SCHULTZ AND PATRICIA SCHULTZ, PLAINTIFFS,
v.
SAKAYE ICHIMOTO, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

[Fed. R. Civ. P. 41(a)(2), (c); L.R.83-143]

JOINT REQUEST FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT HOYT CORPORATION AND RELATED CROSS-ACTIONS.

Pursuant to Federal Rule of Civil Procedure 41(a)(2), (c) and Local Rule 83-143, Plaintiffs and Defendant Hoyt Corporation ("Hoyt") respectfully request that the Court enter an order dismissing without prejudice Plaintiffs' Complaint against Hoyt and dismissing without prejudice Hoyt's Counterclaim against Plaintiffs. In support of this request, Plaintiffs and Hoyt would show the following:

1. Plaintiffs' Complaint (Doc. 1, filed April 16, 2008), asserts claims against Hoyt (among other parties).

2. Plaintiffs desire to dismiss without prejudice all of their claims against Hoyt pursuant to Federal Rule of Civil Procedure 41(a)(2).

3. Hoyt desires to dismiss without prejudice all of its counterclaims against Plaintiffs pursuant to Federal Rule of Civil Procedure 41(c).

4. The parties hereto agree that they will bear their own costs with respect to the aforementioned claims and counterclaims. Accordingly, the parties hereto respectfully request that this Court enter an order dismissing without prejudice the Plaintiffs' claims asserted against Hoyt and dismissing without prejudice Hoyt's counterclaims asserted against Plaintiffs.

IT IS SO ORDERED.

20100223

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