IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 16, 2010
DANTE MUSARRA, PLAINTIFF,
ALLSTATE INSURANCE CO., ET AL., DEFENDANTS.
On October 20, 2010, defendant Kitsy Johnson filed a motion to dismiss. On November 24, 2010, plaintiff, through counsel David R. Griffith*fn1 , filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). Plaintiff seeks to dismiss Kitsy Johnson and Kevin Kelly without prejudice.
Accordingly, IT IS HEREBY ORDERED that:
1. Kitsy Johnson and Kevin Kelly are dismissed without prejudice from this action pursuant to Fed. R. Civ. Proc. 41(a)(2); and
2. Defendant Kitsy Johnson's motion to dismiss is denied as moot.