IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 6, 2010
SCOTT N. JOHNSON PLAINTIFF,
MASSOD SOLTANI, ET AL, DEFENDANTS
PLAINTIFF'S REQUEST FOR DISMISSAL OF DEFENDANT SMD PETROLEUM, LLC AND ORDER Complaint Filed: FEBRUARY 28, 2010 CASE TO REMAIN OPEN WITH REMAINING DEFENDANTS
IT IS HEREBY REQUESTED by Plaintiff, Scott N. Johnson, that Defendant (SMD Petroleum, LLC) be and is hereby dismissed WITHOUT PREJUDICE pursuant to FRCP 41 (a)(2). This case is to remain open with remaining Defendants. On April 30, 2010, Attorney, David P. Ritzinger, had filed an answer on behalf of Defendant SMD Petroleum, Inc. only; however, the docket for this action shows that Defendants SMD Petroleum, Inc. and SMD Petroleum, LLC are represented by David P. Ritzinger. Defendant, SMD Petroleum, LLC, should be dismissed because Plaintiff cannot achieve proper service on this Defendant, please see docket number 5 re: Summons Returned Unexecuted.
IT IS SO ORDERED.
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