UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO
July 20, 2010
TEAM ENTERPRISES, LLC, PLAINTIFF,
WESTERN INVESTMENT REAL ESTATE TRUST, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF TEAM ENTERPRISES, LLC'S THIRD AMENDED COMPLAINT AGAINST VULCAN MATERIALS COMPANY AND LEGACY VULCAN CORP.; ORDER AND RELATED ACTIONS [Fed. R. Civ. P. 41(a)(2); L.R. 83-143]
Pursuant to Federal Rule of Civil Procedure 41(a)(2) and Local Rule 83-143, TEAM ENTERPRISES, LLC ("Team") and VULCAN MATERIALS COMPANY and LEGACY VULCAN CORP. (jointly "Vulcan") hereby stipulate and respectfully request that this Court enter an order dismissing without prejudice Team's Third Amended Complaint filed May 5, 2009 (Doc. 211) against Vulcan. Each party to pay its own costs.
Based on the parties' stipulation, this Court DISMISSES without prejudice Team's Third Amended Complaint against Vulcan and VACATES the August 3, 2010 hearing on Vulcan's motion for judgment on pleadings. This order terms doc. 307. This action shall remain open.
IT IS SO ORDERED.
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