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Virginia C. Moon, On Her Own Behalf and On Behalf of the v. David H. Rush

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 23, 2012

VIRGINIA C. MOON, ON HER OWN BEHALF AND ON BEHALF OF THE PETERS RUSH HABIB & MCKENNA 401(K) PROFIT SHARING PLAN, PLAINTIFF,
v.
DAVID H. RUSH, MARK A. HABIB, AND JAMES P. MCKENNA, DEFENDANTS. DAVID H. RUSH, COUNTER-CLAIMANT,
v.
VIRGINIA C. MOON, COUNTER-DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

On February 10, 2012, Counter-defendant Virginia C. Moon ("Moon") filed a motion to dismiss Counter-claimant David H. Rush's ("Rush") Counter-claims. (ECF No. 11.) However, Rush filed his First Amended Counter-claims on March 2, 2012. Since Moon's dismissal motion does not concern Rush's operative counter-claims, the motion is denied as moot and the hearing scheduled for April 2, 2012 is vacated.


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